The worker’s compensation is meant to offer medical cost coverage, wage loss benefits, and other settlements for people who suffer from injuries at their workplaces. In particular, a worker’s compensation purpose is to prevent lawsuits when workers suffer from workplace injuries and ensure that employees secure the settlement they deserve after suffering from injuries. Admittedly, the insurance companies or employers fund the workers’ compensation, but they might not wish to pay the full amount required. Therefore, they might come up with accusations to deny their workers their rights. This guide presents the scenarios that could force you to hire a workers’ compensation attorney.
When to Hire an Attorney
The employer denies that you suffered an injury at work
Issues might arise if the employer denies acknowledging that you suffered an injury due to work duties or happened in the workplace. Therefore, a worker’s comp lawyer will help in establishing the relationship between your work and injury. However, if you fail to determine the link, the insurance firm can deny you the benefits that you deserve. Further, if you suffer from a serious underlying health complication, the employer can use it as an excuse to deny you the settlement benefits. In such a case, the insurance firm might claim that your current ailment was caused by your pre-existing condition and not related to your work. You can experience such a scenario if your injury has continued to develop slowly, but a pre-existing condition cannot disqualify you from claiming compensation.
You suffer from long-term injuries
If you experience long-term injuries, you will incur considerable medical costs. In such cases, the insurance firm or the employer will fight to minimize your benefits to avoid paying the enormous costs. If you have a serious injury that prevents you from working, a licensed attorney can ensure you receive the long-term settlement you deserve.
The employer disagrees with your ability to work
The insurance firm or your employer might claim that you can return to work after treatment but engage in modified duties for them to suspend, reduce or minimize your benefits. However, if you think or disagree that you cannot return to work due to the severity of the injury, an experienced lawyer can review your condition and present evidence about it.
The benefits do not fully cover lost wages and medical expenses.
In some instances, you might have issues regarding how the insurance company calculates your lost wages and benefits. Understandably, an incorrect calculation can leave you with inconsiderable benefits, which can be challenging if your medical bills are not covered fully, because you can end up using your own money to cater for huge bills. Fortunately, workers comp lawyers ensures that you receive the benefits to cater for quality medical care.
The employer retaliates after you file a worker’s comp claim
If you file for a compensation claim the employer appears to retaliate against, you need to consult an experienced lawyer immediately. In this case, the retaliation might take different forms, such as termination of your employment, reduced pay, reduced working hours, harassment, demotion, or engaging in other retaliatory behavior.
What can worker’s comp attorneys do for you?
The lawyer can handle different tasks to assist in digging deeper into your claim and, when necessary, help in filing a court case. In most cases, the lawyers will help you in the following:
- Assessing the damage and monitoring your treatment progress
- Represent you during negotiations and in court
- Gathering the required evidence, including testimony of witnesses, second opinions from doctors, treatment, and medical records
- Establish a solid case based on pieces of evidence gathered
- Prevent any potential tactics used by the insurance firm or the employer to stop your claim
The best worker’s compensation lawyer will cover the necessary details of your case to prevent you from worrying after an accident. Most importantly, they understand the laws governing workers in your state and will do their best to ensure you receive fair compensation. However, in some cases, you might pursue your claim without hiring an attorney, especially if the employer admits to causing the injury, you suffered a minor injury, or you missed little that did not affect your wages. Despite facing an uncomplicated situation, it is advisable to contact a worker’s compensation lawyer near you for a free consultation regarding your case.