You’re injured at work. You know you’re covered by workers compensation insurance, but what are…
How a Workers Compensation Lawyer Can Help You Maximize Your Claim – Guest Post
From minor, which may have simply changed your life, to recoverable through medical bills and lost wages, among many other things, everything should be compensated for. Workers’ compensation is a very elaborate and frustrating process. You therefore need a workers’ compensation lawyer who lets you maximize your claim, helping make certain that the benefits entitled to you are indeed received by you.
Why You Need a Workers Compensation Lawyer
Most employees believe that filing a workers compensation claim is quite easy. After all this system protects injured workers, right? Well things are not always as they seem. The employer and insurance company do not always have your best interest at heart and claims are often times delayed, denied or settled for less than they are worth.
Workers’ compensation lawyers will protect your rights and educate you on ways to avoid some common mistakes that could diminish your claim. It would also mean that they try to achieve the maximum benefit possible from it.
Following are a few reasons why hiring a worker’s compensation lawyer will be worth considering:
Understanding complicated laws
Workers’ compensation is handled on a state-by-state level, and there are many sets of byzantine laws. An attorney would be conversant with all these innumerable bylaws inside and out and hence help you know your way around them so that you cross every ‘t’ and dot every ‘i’.
Insurance Providers
The insurance company will most definitely try one of many tactics at its disposal in order to keep your payout as low as possible. It is at this point that an attorney is able to anticipate the various tactics, counter them, and fight aggressively on behalf of benefits you need and are entitled to.
Filing the Right Paperwork
Missing any deadline and filing the paperwork wrong kills your person’s claim. The attorney will see that forms are prepared right, and they’ll be filed on time.
Claims and Appeals Denials
This isn’t always taken lying down because the workers compensation lawyers will assist their clients appeal the denial to present a better case before the appeals board or court.
How a Workers’ Compensation Lawyer Can help you to Maximize Your Claim?
He will help you not only in filing but also work on actively building up your claim to maximize your compensation. How?
Precise Calculation of Benefits
The benefits under workers’ compensation range from wage loss to vocational rehabilitation to permanent disability compensation. A lawyer will seek to find every single benefit that you could avail yourself of and then make sure nothing is missed.
Medical Evidence Compilation
Medical records can be the best proof possible for establishing the extent of your injury. The attorney will, therefore, want to contact your health care provider for an appropriate set of medical records, expert testimony and other evidence which may be necessary for documenting your claim.
Settling Claims
That means the insurance company is just trying to lowball you with some meager settlement in the hope that you would take that quick payoff. Workers’ compensation lawyers negotiate with the insurance to an agreeable settlement considered fair and covering your injuries.
Third-Party Claims
This is work-related, but the cause may be by a third party-a contractor or equipment manufacturer. Herein, it would enable the attorney to verify whether you have a good third-party claim; this is a claim that would provide higher compensation than what you obtain through workers’ compensation.
Ensuring You Receive Appropriate Medical Care
In fact, they can even go to the extent of having the injured workers see certain doctors and thereby limit one’s medical care. A worker’s compensation lawyer will also be able to help you to obtain the necessary medical treatment that is due to you.
Common Workplace Injuries
Followings are the common types of injuries will also give you an idea as to how an attorney might handle your case:
Slip and Fall Injuries
Is it not a huge loss, when someone gets a wound at the location by slipping on the wet floor, falling because of the uneven surface, or merely due to the bad light? The most common effects of this type of the accident are sprains, fractures, and head injuries.
Repetitive Stress Injuries
Some jobs requiring repetitive motions like typing, lifting or using a tool for long periods may lead to stress injuries like carpal tunnel syndrome or tendonitis. Such injuries do not occur suddenly and hence, are more often than not difficult to prove, more so in the absence of a lawyer.
Motor Vehicle Accidents
Motor vehicle accidents put at risk all those people whose job is to travel. Most often these accidents take the form of fractures, spinal cord or brain injuries.
Machinery Accidents
The workers and managers working in the manufacture and construction are very much liable to come under machinery-related accidents. This may cause devastating traumas such as amputation, cuts, or crushing injuries.
What should you need to do if You Are Injured at Work
There are steps to be taken properly, and this really makes a difference in how your worker’s compensation claims fairs. Here listed is what you do:
Inform of Your Injury Immediately
Report your injury to your employer promptly. Most states have tight time limits in which a work injury must be reported and failure to do so could result in denial of your claim.
Consult a Doctor
Even if you believe your injury is minor, it is imperative that you seek medical attention. Your medical treatment will be a critical piece of evidence in your claim.
Follow Your Doctor’s Orders
Follow through with your treatment plans and medical appointments. Not doing so can and most likely will be viewed as clear evidence the injury is not as serious as one claims.
Record Keeping
Keep a record of everything related to your injury.
Consult with a Workers Compensation Lawyer
Get a workers compensation lawyer as soon as possible. They too will equally be in the best position to advise you legally and take you through the whole process.
Workers Compensation Claims Process
It’s hard to understand the workers’ compensation claims even when not injured. The following is what to do:
How to File the Claim
If you report a work injury with your employer, then they should be able to provide you with a claim form from which you can work forward.
It needs to be mailed in to both the workers compensation board in your state and also to the insurance company.
Medical Evaluation
In addition to filing your claim, due to your injury you will also need to attend a medical examination. Sometimes you will also need to attend a physician of your employer’s or the insurance carrier’s choosing as well, too.
Approval or Denial
The insurance company will then, after review of your claim, accept or deny your claim. If it had accepted your claim, then you would have begun your actual payment of benefits. Should your claim be denied, then you could appeal the decision.
Settlement Negotiation
Sometimes an insurance carrier will want to settle. Your attorney would take any offers given to make sure it properly covers your medical treatment, your lost earnings and long-term care, if necessary.
Appeal of a Denied Claim
Your attorney appeals it on your behalf, in the event of a denial or an offer of a settlement that is too low. This can include a hearing and make more collections of information/evidence that could possibly become helpful in negotiations with the insurance carrier.
Common Mistakes to Avoid to Not Hurt Your Workers’ Compensation Claim
Some of the common pitfalls, and how a workers’ compensation lawyer can assist you in avoiding them are identified below:
Failure to Report Injury
Delays in reporting to your employer after the incident occurred may lead to questionability of the validity of the claim. A lawyer will ensure that you meet all deadlines for reporting.
Not seeking medical treatment immediately
Poor documentation of this will most probably lead to the insurance company downplaying your injury to a minor one or not work-related; a lawyer would therefore help in seeing such medical treatments and documentation.
Low settlement
Insurance carriers, many a time, have ridiculously low settlement offers about what a hurt employee deserves. If the need be, the lawyer would look over any offerings coming through and negotiate on behalf of the client for an improved settlement.
Returning to Work Too Early
Returning to work before you are fully recovered may lead to aggravation of the injury apart from affecting your claim. A lawyer will ensure that you don’t get back to work until it is too early.
Wrap Up
It not only includes the case in which the workmen compensation attorney will assist in increasing one’s claim; hence, they represent an individual’s rights from filing appropriate paperwork to negotiating for a good settlement so that the person may get entitled benefits. Never let your claim go to chance; hence, seek a worker’s compensation lawyer now and get hold of your future when anything related to any work injury occurs.
This is the kind of representation that can give one peace of mind, together with the time needed to attend to his injury while doing all he can in his power to fight for the compensation you deserve. He shall confidently guide you through the process of workers’ compensation.