According to law experts, the workers’ compensation system is designed to be simple for workers to navigate. So, if your claim is straightforward—not disputed by your employer or their insurance company—you can handle the claim process on your own. Unfortunately, like other compensation claims, the process is not always simple.
So, when do you need an attorney to represent you? Well, it depends on the overall complexity of your case, the severity of your injury, and the actions taken by your employer or their insurance company. So, the moment you face any hurdle in your case is the right time to hire a workers’ compensation lawyer.
As a guide, here are the top situations when you need to call a lawyer’s intervention:
- When Filing A Claim After Injury: If you are filing a workers’ compensation for the first time, an attorney can help you meet the regulations needed for filing a claim by ensuring that they are complete and accurate. A poorly worded or done claim can make it difficult to get the benefits that you deserve.
- When Your Workers’ Comp Claim Is Denied: At times, insurance companies tend to deny comp claims. While some of the reasons that they give during such incidences are valid, others are not. If you feel that the reason they have given you is not valid, you can always appeal the denial. Generally, the appeal process entails filing formal paperwork, gathering evidence to satisfy your burden of proof and presenting your case at the hearing. If you want all these processes to be successful, it is highly advisable to seek the help of a workers’ compensation attorney.
- When Your Employer Turns Down Your Request For Workers’ Comp Insurance Information: This is one of the most prominent red flags that your employer isn’t willing to co-operate and may provide wrong information to its insurance company—which may hurt your case. You need an attorney to protect you from any form of fraud that may result from such actions.
- When Your Employer Retaliates Against Your Action Of Filing A Workers’ Compensation Claim: In case your employer decides to fire, demote, reduce your pay, or engage in other forms of discrimination as retaliation against you for filing a claim, it is highly recommended to hire a workers’ comp attorney to protect your rights.
- When Your Injuries Are caused By a Third Party: While workers’ comp is often associated with work-related injuries, you also have a right to file for a claim if a third party’s negligence caused the injury. For instance, if another driver hits your car, you may be liable for both personal injury lawsuit and workers’ compensation claim. However, getting the right value of both claims may be complicated. Here is where an attorney comes in handy—they can guide through both legal processes.
- When You Want a Fair Settlement: The role of an insurance claims adjuster is to try as much as possible to keep insurance payouts low. Most of them don’t have an incentive to pay more or quickly. A workers’ compensation lawyer will know whether or not an offer is fair and will fight to ensure that you get a fair settlement. For instance, a good lawyer can have you checked by an independent medical evaluation professional who is not hired by your employer’s insurance company to counter a previous doctor’s lower rating.
Insurance companies deny valid workers’ compensation claims, leaving injured workers struggling to make ends meet. Working with a workers’ comp attorney, on the other hand, will ensure that you get the compensation that you deserve. Being injured in the workplace is traumatic enough; you don’t have to worry again about getting the benefits that you are entitled to.