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Dawn Atkin

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Most injured workers never need to file a claim with the Labor Commission.  Normally, the proper benefits are quickly paid by the workers compensation insurance carrier.  However, a small percentage of claims are denied by the adjuster.  Legal action at the Labor Commission requests a judge examine the case, and order the appropriate benefits to be paid.

Preparation is required before filing a workers compensation claim. Have an attorney fully evaluate the legal issues involved in the claim, so that they can make a list of the basic evidence needed to win on the disputed issues.  For example, if the dispute involves a question of wages, check stubs or payroll records will be needed. In most cases, the evidence needed is a medical report clearly stating that the medical condition being treated was caused by the accident or exposure at work.  Usually, this is automatically noted in the treatment records.  But If the medical records are unclear, the Summary of Medical Record form can help the doctor provide the needed information.

Although injured workers feel the pressure to act quickly, filing a claim without the proper documentation can result in the claim being dismissed, or a judge permanently denying a claim. Always take the time to gather proof of the claim before filing the paperwork with the Utah Labor Commission.

Certain forms are required by the Labor Commission to file a claim. The forms can be found online:Application for Hearing, Health Care Provider List, and the Medical Release Form are the required forms to file a claim at the Labor Commission.

Although an injured worker can file these forms without an attorney, if you will want legal help at any point in the process, get it now. Experienced attorneys know how to complete the forms properly to reduce delay, and maximize benefits. The forms need to be filed along with the proof needed for the case. The Labor Commission then sends copies of the forms to the employer and insurance carrier with an Order For Answer.

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K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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