Workers injured at work are entitled to compensation but must also meet certain conditions. Take note that not everyone who gets injured should hire a lawyer. Employees have a dedicated system called workers’ compensation with an easy-to-follow process.
You can pursue your claim if it’s not questionable and is not being disputed by the insurance company. But when complications arise, this is the time that you’ll need to seek a workers’ compensation lawyer. The following are the best situations to call for legal assistance.
1. The Company Has Denied Your Claim
A few reasons why an insurance claim will deny claims from policyholders. The insurance company might tell you that you have filed your claim too late, or they might claim that your injury isn’t work-related. The workers’ compensation system is where you can appeal this kind of denial.
The process will vary from state to state, but it commonly requires you to do some paperwork and gather proof using legal tools. Then you can present your case to the award-winning worker’s comp attorneys who help injured employees once they’re sure you can provide evidence about being injured at work.
2. If A Third Party Was Involved In Your Injury
When third parties are involved, employees can seek an additional settlement from third-party causes. There are different examples of third parties, such as another coworker and the sellers and manufacturers of equipment you used during work hours.
But it comes with complications because you can’t file a civil lawsuit against your employer for third-party liability. You can go beyond the workers’ compensation case if someone else is responsible for your injury. A third-party lawsuit might be necessary on the grounds of personal injury.
However, employers are still liable for their employees’ medical expenses while the latter cannot work. The employer might have to pay for additional costs for care since the employees are entitled to wage loss benefits.
Furthermore, the employer must compensate when an employee becomes disabled after an injury. How long the employer must keep paying will depend on the nature of the injury. With such complications, a workers’ comp lawyer is necessary to help give you legal advice on what steps you should take next.
3. If The Settlement Isn’t Enough For Covering Medical Bills
The benefits that most workers’ compensation provide to the recipients are for disabilities and are based on doctors’ decisions in the form of a rating system. However, not all insurance companies will accept the ratings of the doctors. It will eventually cause you to take an independent medical exam with a doctor the insurer chooses. But the doctor associated with them will likely give you a lower rating. This is where a workers’ comp lawyer fights for your rights and does their best to convince the judge to give you what you deserve.
4. When You Need To Calculate Damages Accurately
There’s a tendency for employees to downplay their injuries because they don’t feel much pain at the moment or they are afraid and would rather not risk their job security. Sometimes, they are also too nice and would reassure others that they have not been severely hurt. For these reasons, they need a professional workers’ comp lawyer to be straightforward with them and assess the sustained damages to get an accurate calculation.
Take note that workers’ compensation doesn’t include pain and suffering. With the help of an attorney, they can help you identify how much of the compensation you’ll keep so, you can get the proper compensation you deserve. Getting the right amount you need will help you recover by getting the appropriate medication and support while you can’t go back to work.
5. Your Employer Is Retaliating Against You
Some employers might misbehave by retaliating against you because you filed a workers’ compensation claim. It’s essential to seek out an attorney as soon as possible. Note that the employer could retaliate in different ways such as harassment, cutting your work hours, demotion, or terminating your employment altogether.
Employees who were hurt can claim compensation, especially when there’s strong evidence. The employer is violating employee policy once they retaliate against the worker. Hiring a worker’s comp attorney will support you and help protect you against further actions by the employer.
In Conclusion
Hiring a workers’ compensation lawyer is beneficial because they know how to help you measure the value of your case. There are complications that only a professional will understand if your employer or insurance provider refuses to give the compensation you deserve. Hiring one will help you navigate the claims process to get what you need.
