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Mistakes to Avoid When Filing an Employment Law Claim

Published on Apr 2, 2020 at 1:40 pm in Employment Law.

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When you’ve been injured on the job, or experienced a violation of labor law, you want to be as meticulous as possible when filing a workers’ compensation claim so that you have the best chance to win your case. Unfortunately, many injured workers make mistakes when filing employment law claims. Although it might seem like a complicated process to follow, it’s actually quite straight-forward when you look to employment law. Let’s look at the main mistakes to avoid when you’re filing an employment law claim.

Not Informing Your Employer Right Away

Following West Virginia’s employment law is the most crucial part of your case. According to Chapter 23 Article 4 of West Virginia Code, employees must immediately inform their employer of an injury that happens on the job through a written notice to the employer and the workers’ compensation commission with their name and address, the name and address of their employer, as well as the time, place, nature, and cause of the injury. The notice must also include if the injury caused temporary total disability.

It’s best to give your employer an injury notice personally so that you know they got it, but you can also send it through certified mail. Your employer will then report the injury to the Insurance Commissioner within five days and will include whether or not they dispute the injury or if they object to your payment. If your employer fails to do this within five days, they forfeit the ability to dispute your payment for temporary total disability.

If your claim is not about an injury, but rather about discrimination, you’ll need to file a complaint with the Human Rights Commission of West Virginia within a year of the discrimination you experienced. According to the HRC’s booklet, the complaint must contain your name, address, phone number, basis for discrimination, summary of discriminatory event, and the name and address of the person, employer, or entity who acted discriminatorily.

There are many other types of labor law violations that you can claim against your employer, and an employment lawyer will be able to help you determine which applies best to your case.

Not Getting Immediate Medical Treatment

In order to have a strong claim for workers’ compensation, you’ll need to have proof of your injury, physical or otherwise, and when it happened. You could wait until you start to feel your injuries develop to go to the doctor, but that might still be too late. It’s safest for you to go to the doctor immediately after your accident at work that could have caused injuries, that way, your injuries are documented from the beginning, and any further pain or escalation of your injury can be tracked.

Not Getting Treatment from an Employer-Approved Physician

While you want to get seen by a doctor immediately after your work injury, you’ll need to go to an employer-approved physician so that you know they will accept your documentation. It’s best practice to check with your employer and the Insurance Commissioner to ensure that you are seeing a physician who was selected by both of these entities so that there are no discrepancies in your medical records and they cannot be disputed or invalidated based on who evaluated you.

Not Hiring a West Virginia Employment Lawyer

The workers’ comp claim process is not easy when you try to do it alone. Hiring a West Virginia employment lawyer from DiPiero Simmons McGinley & Bastress, PLLC in Charleston will help your case exponentially because we can guide you through the process of filing your claim so that you can focus on healing from your physical and emotional injuries.

With our guidance, you’ll be able to confidently navigate through employment law, and will know how much compensation you are eligible for after your work injuries or any other kind of violation you faced. If you think you have a case, reach out to our office so that we can discuss your potential legal options moving forward.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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