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Who Can File a Workers’ Compensation Claim?

Matt Murphy Apr 14, 2017

A woman’s hands on a computer keyboardAt Murphy Law Firm, our lawyers have devoted much of their professional lives to representing the rights of injured workers who have wrongfully been denied the benefits to which they were legally entitled. Workers’ compensation is the exclusive financial remedy of employees who are injured on the job and cannot work as a result. To be denied this remedy unfairly is to be denied justice. This is something that our legal team cannot and will not abide.

As a worker, you must know your rights in order to assert them. One of the most common questions many workers have when they are first injured is “Who can file a workers’ compensation claim?” Our Great Falls, MT personal injury attorneys encourage you to read the following article answering this question and then to contact our law firm if you or someone you love has had your workers’ compensation claim wrongfully denied. We have the resources, skills, and experience to fight for justice on your behalf.

Workers’ Compensation in the State of Montana

Montana state law requires that all employers in the private sector carry workers’ compensation insurance. Most small businesses and many larger businesses purchase workers’ compensation insurance policies from private insurance companies, while some businesses elect, with the state’s permission, to insure their employees directly.

Are You Eligible to File a Workers’ Compensation Claim?

If you are injured while on the job or develop an illness that is related to your work, then you are eligible to file a workers’ compensation claim. For example, if you aggravate a knee injury that you suffered years ago while climbing a ladder as part of your assigned job duties, you can file a workers’ compensation claim, and there is a good chance that your injury will be covered. Likewise, if you develop a repetitive stress injury because you’ve worked on a computer keyboard for eight hours a day, five days a week for years, you’re probably covered by workers’ compensation. However, if you slip and break your arm while taking a lunch break at a fast food restaurant, you’re most likely not going to be covered. On the other hand, if you slip and break your arm while on the clock and picking up lunch for a meeting at the request of your supervisor, you may have a valid claim.

Ultimately, if you suffer an injury that you believe is related to your job in any way, you should provide notice to your employer as soon as possible. Your employer should provide you with a copy of the First Report of Injury form, which will initiate the workers’ compensation claim process. It is important that you act right away, as any delay could cause the insurance company or your employer to question the validity of your claim. See a doctor immediately, and if your claim is denied, contact our law office right away.

Contact Murphy Law Firm

If you have any questions or require an evaluation of your workers’ compensation claim, please contact Murphy Law Firm today.

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