Workers' compensation is a state system that ensures injured employees have the necessary resources to recover and return to their jobs. It offers protection to both workers and employers, safeguarding the former from financial distress and job loss and the latter from legal action by an injured team member. Below is a brief overview of the claims process and how you can go about getting help if you were hurt on the job.

Make Sure You Are Eligible

While workers' compensation covers most employees, it does not extend to everyone. Independent contractors, such as freelancers, consultants, and brokers, and volunteers are not eligible. Most other types of workers are protected by the system, including part-time, seasonal, and occasional employees.

Alert Your Employer

You need to let your employer know about the injury right away. They will fill out an accident report form and submit it to the workers' comp board, and they will file a claim with their insurance provider. The insurer has the ability to approve or deny the claim; also, your employer has the option of disputing it with the insurer. If it is approved and not disputed, you will begin receiving compensation.

File an Appeal

If your claim is denied, the next step is to file an appeal with the state workers' compensation board. This will contain your personal information and the details surrounding your injury. Remember: Workers' comp is a no-fault system, meaning if you contributed in any way, however inadvertently, to your injury, you cannot be denied care. Exceptions to this would be if you were not wearing the appropriate safety equipment or you were under the influence at the time.

Attend a Hearing

The first step in the appeals process will likely be dealt with by a claims examiner who works for the board. If the examiner cannot resolve the issues surrounding the claim, the matter will move to the courts, and you will be required to attend a hearing with a judge. A decision will be handed down, but if it is not in your favor, you still have options, including filing an appeal. If the appeal is accepted, the claim will be reviewed by the board.

At any stage of the process, it is extremely helpful to have a workers' compensation attorney on your side. Vincent J. Criscuolo & Associates represents clients in the Rochester, New York, area. Call (585) 232-3240, visit them online, or contact them on Facebook or Twitter to arrange a free case evaluation with a lawyer today.