Workers’ compensation claims don’t enforce themselves. No matter how strong your claim is, it’s going to take a little red tape to properly file it – and no small amount of skill to maximize its value. Even a minor error can result in significant delays – and a major error might kill it altogether. Following is a brief rundown of the process.

Who Can File a Workers’ Compensation Claim?

Normally you will be the one filing the claim. If you die from your injury or illness, however, death benefits will come into play, and the appropriate person to file the claim will be the person (or people) who stand to benefit if the claim is approved – your dependent(s) and your spouse.

Notification

You need to notify your employer of your claim as soon as you become aware that you have one:

• When you are injured;
• When you get sick; or
• When you become aware that your injury or illness is work-related (this might not be obvious for a while, especially in the case of an occupational disease).

Provide your employer with verbal notice, but follow it up with a written memorandum as soon as possible. Your memorandum should include:

• your contact details;
• the cause of your injury or illness;
• the severity of your injury or illness;
• the identities of any witnesses, if you were injured in a particular accident; and
• the kind of work you were doing that caused your injury or illness.

Red Tape: The Forms

The following forms will be required to file your claim with the Kentucky Department of Workers’ Claims (DWC):

• Form 101 (injury), Form 102 (occupational disease), OR Form 103 (hearing loss), AND all of the following:
• Form 104 Employment History;
• Form 105 Medical History;
• Form 106 Medial Waiver and Consent; and
• Form 115 Social Security Release Form.

Your employer should provide you with these forms; otherwise, they are available on the DWC website.

Medical Evaluation

Your filing will need to include a written medical evaluation from your doctor, describing your malady and explaining how it was work-related.

Documentation of Your Wages

Your claim will need to include documentation on how much you were earning at the time your claim arose, so that your benefits can be accurately calculated.

Response

You should receive a response to your claim within a couple of months. Prepare your claim carefully – insufficient documentation is one of the major reasons for claim denial.

The Clock Ticks Fast on Workers’ Comp Claims

Submitting a late filing, or a hastily-prepared one, could destroy your claim or lower its value. If you believe that you may have a valid workers’ compensation claim, contact Kentucky workers’ compensation lawyer Glenn Martin Hammond for a consultation, by calling (606) 437-7777 or by filling out our online contact form. We serve clients throughout Kentucky.