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Irrespective of what profession you fall under and where you work, there are chances you may get injured or develop an illness while doing your job. These injuries or diseases can be serious, life-altering, and can lead to disabilities. Although the rate of workplace injuries has been on a decline for the past 15 years, 2.8 out of 100 full-time workers still suffered from injuries at work in 2019. You are or may find yourself in a situation where you get injured due to circumstances out of your control. The one question that is most likely to pop up in your mind is – “Do I need a workers’ compensation attorney?” This blog is all about helping you figure out the answer to that question. Let’s consider when hiring a workers’ compensation attorney is necessary and when it’s not.
You can handle your workers’ compensation claim on your own if your case fulfills all the following conditions:
If your workers’ compensation case is not straightforward, you should immediately contact a workers’ compensation lawyer. Here are a few complexities that can arise:
Employers and their insurers routinely deny solid claims and often turn a deaf ear to workers’ compensation complaints. The attitude stems from the lack of appeals that employees make against such practices. A majority of the employees fail to appeal, fearing the cost they would incur when hiring an attorney. But this perception is completely wrong as hiring a workers’ compensation attorney in the initial stages of the lawsuit will significantly boost your chances of receiving the compensation you deserve outweighing the costs it comes with.
Insurance companies try and push for early settlements of workers’ compensation claims. They do this to close the claim and avoid paying any forthcoming medical expenses that you may have to bear. In most cases, the first offer for settlements hardly covers the medical bills and the lost time at work. Although a judge usually presides over the settlement of these claims, they will sign off on any settlement that is not grossly unfair. It’s up to you to evaluate whether the compensation being offered is enough. It is always advisable to consult a lawyer to get the best possible settlement.
In most states across the United States, it is illegal for an employer to retaliate against an employee filing for workers’ compensation claims. Unfortunately, despite it being against the law, the practice of threatening employees is prevalent. If you are being threatened or terminated for filing a workers’ compensation claim, you should contact an attorney immediately.
If the workplace injury becomes a reason for your total or partial disability, you become entitled to weekly payments or a large lump sum payment to make up for lost wages and medical bills. Fair compensation that should be paid proves extremely expensive for insurance companies. Therefore, most companies try to use a variety of tactics to avoid paying fair compensation. A workers’ compensation attorney can help you fight for justice and recover the compensation you fairly deserve in such situations.
Having a pre-existing condition gives insurance carriers a reason to deny claims. If you have a pre-existing condition such as arthritis or lower bone density or have sustained an injury to the same body part that is in question before, you should contact a workers’ compensation attorney to ensure your rights are protected.
There is a possibility that a third party may contribute or be a reason for your injury at work. In such cases, your case will fall outside the scope of workers’ compensation, and you can file for a personal injury lawsuit. Other situations when you can use the option are when your employer does not have workers’ compensation insurance or the employer’s grave misconduct and intentional actions caused the accident. Again, a workers’ compensation attorney will help you understand what law applies to your case and what steps you must take.
Receiving compensation under workers’ compensation can lower the social security disability insurance and long-term disability insurance benefits you receive or plan to apply for. To avoid this, you need to ensure that the settlement is structured to reduce the offset and maximize the benefits you receive. A workers’ compensation lawyer will ensure the settlement is structured so that the reductions made to the benefits are minimized.
In most states, you are entitled to assessments from a panel of physicians. Although insurance companies exercise some control over the medical treatment and assessment you receive, they cannot force you to visit a particular doctor. In such situations, it is best to consult a workers’ compensation attorney to ensure you pick the best doctor from the available lot. Your employer may also push you to take an Independent Medical Examination (IME). In most cases, insurance companies have used these examinations to reduce the value of the workers’ compensation payout. A workers’ compensation attorney will see to it that you do not fall for this tactic.
After you recover from a workplace injury, you may be entitled to receive permanent or partial disability benefits. This is decided based on your disability rating. If the rating provided to you by your treating doctor is disputed by the employer’s insurance company, you need to consult a workers’ compensation attorney to see your interests are protected. As mentioned earlier, insurance companies may push you for independent medical examinations and assign a lower disability rating to create a case for a reduced compensation payout.
Last but not least, if you do not settle with insurance companies and your claim goes to trial before a judge, you will most certainly require a workers’ compensation attorney to defend your rights and interests in court.
With all this being said, it is always in your best interest to hire a workers’ compensation lawyer. It is beneficial because:
Have you suffered from a workplace injury recently or in the past? If yes, we can help you get an experienced workers’ compensation lawyer on your case. Fill in the form alongside, and we will help you find the best workers’ compensation attorney near you.
