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At Martin J. McKeown PC, we focus on helping injured workers get through very difficult situations, whether that be through navigating the workers' compensation system or by obtaining Social Security benefits.
Workers' Compensation
Have you suffered an on-the-job injury?
If you have suffered an on-the-job injury, you will want to file a workers' compensation claim as soon as possible. Generally, you will need to report this injury in writing within 90 days of the incident.
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HOW TO REPORT
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There are a few ways to report your injury:
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Complete an 801 form provided by your employer
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Fill out an 827 form at your medical provider's office
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Fill out an incident report and give it to your employer
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After completing the 801 form, the Workers' Compensation Insurer will receive the form. At this point, the insurer has up to 60 days to accept or reject your claim.
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During the 60 day period, if your doctor has taken you off work duty due to your on-the-job injury, you should provide copies of your release from work form to your employer for the insurer to ensure that you get paid for the time off work. This is called interim compensation.
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ACCEPTED CLAIM
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For an accepted claim, you will receive a notice of acceptance. This notice will list the exact condition(s) that have been accepted and whether that condition is "disabling" or "non-disabling." For the accepted conditions, the insurer is responsible for all medical treatment related to that accepted condition. If your physician states that your on-the-job injury prohibits you from performing your job, you are also entitled to temporary disability benefits during that time where you are unfit to work.
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DENIED CLAIM
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If your claim is denied, you will receive a Notice of Denial. You have 60 days from the denial date to request a hearing to challenge the denial.
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WORKING WITH US
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Navigating through the complexities of the workers' compensation system can be challenging. Our firm focuses on helping you by working directly with you to make sure you get all the benefits you should be receiving, as well as ensuring each and every condition caused by the injury gets accepted, treated, and included in the disability calculation.
Once you have retained us, our first step is to obtain all the claim documents from the insurer. We review the documents and talk with you about the good, bad and ugly – and what we can do to make your case the best case possible. This process may include getting letters from doctors, depositions of insurer medical doctors, and a variety of other tactics. We will discuss all strategies available for your case as we proceed to hearing. We prepare every viable case as if it were going to hearing. We do this because we never know what cases will or won’t settle in advance of trial. We know if we have prepared all our cases for trial, we increase the likelihood of settling and avoiding the need to litigate.
Through every step of your case, we welcome your input. It’s your injury and your case; we weren’t there – you were – and you are our first and best witness.