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Workers’ Compensation claims are undermined by strict provisions

| Feb 28, 2017 | Workers' Compensation |

Workers? compensation is mandated by federal and state law (in all 50 states). The idea is that you can receive compensation shortly after getting injured on the job, to ensure that your medical bills are covered and that you can maintain a steady income until you can return to work. But some states allow companies to opt out of state regulated plans if they have an alternative plan. This post will go over the dangers in these plans and how you can deal with them.

 

A report by NPR found that these opt-out plans have strict provisions that can deny legitimately injured workers their just compensation. In their case study, a woman had her claim denied because she violated a strict provision.

Oklahoma allows companies to opt out of state-regulated workers? compensation plans. Under the opt out, companies can adopt strict provisions that are used to deny coverage. In this case, she was required to submit her claim within 24 hours of the injury. Unfortunately, she was three hours later because she was knocked out from medication she received after her injury. Her claim was denied, and she appealed. The Commission ruled that the opt-out the program was unconstitutional ordered that she receive compensation. The decision is being appealed to the Oklahoma Supreme Court.

The case is instructive because it demonstrates how easily your claim can get denied by failing to comply with strict provisions. No doubt, she would have preferred that she came within the 24-hour window to a quick approval, but life sometimes gets in the way. A lawyer can help you stay compliant and ensure that you get compensation quickly.

If you or a colleague was injured on the job, then you may want to speak to a lawyer. It is crucial that you file your claim quickly to get your compensation as soon as possible. You will need that money to pay for future medical expenses and to cover your bills until you can return to work. An attorney can help you so that you can focus on your recovery and your family. A lawyer can handle the paperwork and any issues.

 

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