How To File A Claim For Compensation

When someone gets hurt, which results in costly hospitalization, loss of earning capacity, property damage, or other damages, the victim can file a claim to seek monetary compensation. Injuries can result from workplace accidents, product liability, car accidents, and even terrorist attacks. While financial assistance can’t fully compensate a victim’s pain and suffering, it will somehow recompense injury or loss. 

In this article, get to learn the steps on filing a compensation claim. 

Step One: Hire A Good Lawyer 

The first step when filing a claim for compensation is to hire a good lawyer. Without an attorney to represent you, it’s like walking in a dark cave without a torch. A victim compensation lawyer is highly knowledgeable about personal injury law, encompassing tort or harm caused by intentional or unintentional causes, such as nursing home abuse, medical negligence, motor vehicle accident, and workplace accident. 

Recompensating victims is a way to restitute them from medical expenses and other damages caused by a tragic incident. For instance, if you or a loved one developed a chronic respiratory problem, like asthma or cancer, due toxic fume exposure during the September 11th Twin Tower terrorist attack, a lawyer from a reputable firm, such as WTC Victim Fund, can help you seek compensation. 

Step Two: Report The Incident 

If you’re injured after a workplace accident, you have to report your injuries to your employer. Your employer and the company’s insurance company may deny your claim if you don’t report the incident immediately.  

Check the following details you should include in the incident report: 

• Date and time the accident occurred  
• Place of incident  
• Names of involved parties 
• Names of witnesses  
• A narration of what happened  

Step Three: Gather Evidence  

Filing a claim includes gathering substantial evidence to prove your claim. Some examples of evidence to prove your compensation claim include the following: 

• Medical documents (like radiology report, laboratory studies, scan report, and medical certificate) 
• Pictures or videos (taken by smartphone or CCTV camera) of the injury and incident scene 
• Witness interviews  

Step Four: Fill Out The Claim Form  

Obtain the appropriate claim form online, from your employer, or from the insurance company of the at-fault party. If you have a personal injury lawyer, you don’t have to go through the burden of filing and completing the documents required for your claim. 

Here are the different types of claim forms: 

• Workers’ Compensation Form: Form 18 is a work injury claim form that establishes a legal claim on your behalf. File the claim form within two years from the date of injury or diagnosis of occupational disease. Protect your rights as an employee by filing a Form 18 even if your employer is paying compensation. 

• Victim Compensation Fund Form: You can access a VCF form online. The requirements and instructions to seek compensation from the 9/11 attack are indicated on the form. 

Step Five: Review Requirements 

Make sure to review the claim form and all the requirements needed to get your claim approved. Check signatories and copies of evidence to ensure you’re not missing anything. 

Step Six: Submit Claim And Wait for The Insurer Approval  

Submit your claim to the insurance company. Your employer, workers compensation lawyer, or qualified representative will be notified if your claim has been approved. You may accept the insurance provider’s offer or negotiate for a higher amount of structured settlement. 

You’ll receive the payment to compensate for your damages. If the insurance company denies your claim, you can ask them to review their decision. Your lawyer can appeal your case on your behalf.   

Conclusion  

All the above steps in filing a claim for compensation require a licensed personal injury attorney’s legal expertise. Report the incident to the authorities or your employer, and gather evidence to prove your claim. Fill out the claim form, and complete and review the requirements. Finally, submit the claim and wait for the approval of the insurer.