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It is often said in workers’ compensation that "the best workers’ compensation claim is the one that never occurs". Preventing injuries is the first priority but accidents happen and employees will be injured on the job. When an injury does occur, the best way to navigate a workers’ compensation claim is through good communication between the injured employee, the employer, the treating physician and the claims administrator.
The workers’ compensation system is difficult to understand at times. Keenan has designed this website to help injured employees, and employers, by providing information to aid in injury prevention and about workers’ compensation system information to eliminate confusion and to deliver efficient and compassionate service.
This site is intended for general information purposes only. While efforts are made to keep this website current; laws, rules and regulations, and best practices can change, and recent changes may not always be found on this site. If you are concerned about a specific incident or injury, we recommend reviewing your situation with your employer or your claims examiner, if you have filed a claim. Keenan is not a law firm and the content of this site is not intended as and should not be considered legal advice.
Injured at Work
Workers' compensation benefits are designed to provide medical treatment needed to recover from a work related injury or illness, partially replace wages lost while recovering and help return employees to work. Workers’ compensation benefits do not include damages for pain and suffering or punitive damages.
Have a question?
For questions about an existing claim, the best person to contact is the claims examiner assigned to the claim. Employees and employers are also encouraged to maintain close communication throughout the claim process.
For questions regarding the workers’ compensation system in general or should you need further assistance, contact Keenan.
Upon receipt of a completed claim form (DWC-1), claims administrators have 14 calendar days (plus five calendar days for mailing) to notify the employee the claim is being accepted or if additional information may be needed.
If additional information is needed, the employee should receive an Explanation of Benefits Notice letter indicating that the claim is delayed, the reason for the delay, what additional information is needed, and the date a decision must be made.
The employee should receive confirmation of whether a claim is accepted or denied within 90 calendar days (plus five days for mailing) from the date the claim form is given to the employer.
Do Injured Employees Need an Attorney?
Injured employees are not required to have an attorney but they are entitled to retain one. If an attorney is retained, they will be paid based on a percentage of any permanent disability benefits an injured employee may be entitled to.
Resolving a Claim
Thankfully, the vast majority of claims are resolved with employees fully recovering from their injury or illness without any permanent disability or need for future medical treatment. In those instances where injuries or illnesses result in permanent disability or require future medical care, a claim is settled when there is an agreement between the employee and the claims administrator. In order to protect the employee's rights, whether or not they are represented by an attorney, settlements must be reviewed and approved by a workers’ compensation administrative law judge to ensure they are adequate.
If you have questions regarding the workers’ compensation system, we want to hear from you!
Click here for a directory of Keenan's workers’ compensation branch offices.
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