Though workmans comp laws vary and differ state by state, most jurisdictions require a injured or sick worker to notify their employer of an injury within thirty days of an accident or and injury becoming known (failure to do so can potentially result in a denial of benefits).
Providing notification to an employer of a workers compensation compensable injury is typically done by giving notice to someone in a managerial position.
However, in cases where a worker is unable to provide such notification (perhaps due to hospitalization), the notice requirement can generally be excused, provided that the employer is otherwise made aware of the worker's injury.
Once notification has been made to the employer, the employer can submit a report to the state worker's compensation board (or industrial commission). The employer can also notify the worker's comp carrier. At that point, the workmans comp carrier will be in the position to begin paying an injured or sick worker's medical bills, as well as a percentage of the worker's average weekly income (usually 66 percent), though payment of wages .
However, the workmans compensation carrier may reject the worker's claim, leading to arbitration with the state workers compensation board or industrial commission, and, potentially, a series of appeals if arbitration does not find in favor of the worker.
In such cases, a worker would certainly be wise to seek the assistance of an attorney who specializes in workers compensation claims.
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