Workers’ compensation is a legal insurance system that gives employees the right to obtain financial and medical benefits during their employment. These monetary compensations can be claimed for work-related injuries.
This government-mandated process ensures a two-way exchange – the company won’t be sued, and the workers’ will be provided with the needed medical treatment no matter the cost. This also includes compensation for salaries lost during the healing process. However, there are times that the employer is not granting this workman’s comp, or there are work circumstances that would require legal advice.
If you’re involved in a work-related case which the company should handle, getting the help of a workers’ comp lawyer may help you preserve evidence about the accident while truthfully handling the situation.
Here are some of the signs to hire a workers’ comp lawyer.
Your employer or insurance carrier denies outright that the accident occurred at work
The company you work for may refuse to acknowledge that the injury you obtained happened on work grounds. This often occurs to light injuries that go unreported or an illness that springs up later. Denying your accident’s occurrence at work is a sign that they are unwilling to pay for compensation and hospital bills.
The company prolongs dealing with your claim
No matter how light the injury is, notifying your employer about it is the right way to go. Once you have correctly reported the accident to the insurance carrier, the necessary paperwork will be provided. The document will need a thorough reporting process about your injury, along with how it happened and how light or heavy the circumstances are. There is a maximum thirty-day period for filing the claim, and if it goes beyond that, chances are your employer is delaying the process.
The injury results in a partial or permanent disability that will hinder your return to work
In extreme situations where the workplace accident resulted in partial or permanent disabilities that will affect your employment status, it is vital to apply for workers’ compensation to support yourself. However, some companies would content the claims because they cost a lot. When this occurs, immediately contact a lawyer.
The insurance company refuses to acknowledge your claim
While you are aware that the accident definitely happened, the company chooses to deny it. You should appeal to this decision and seek legal counsel to have a guide when things get too complicated and less agreeable. If there are conflicts and disagreements, legal guidance is needed.
When the work-related injury warrants medical treatment but the company refuses to pay for it
When your doctor deems it necessary for you to get specialized treatment and rehabilitation but the company rejects your request for medical support, reaching out to an attorney is your best bet. Some insurance companies don’t want to cover the treatment costs and may deem it unnecessary.
When the settlement offer provided is not enough to cover all your due expenses
Workers’ comp settlements should provide the financial support to pay ongoing medical expenses, future hospital bills, and lost wages. Commonly found in permanent disability benefits, this settlement is based on a rating system decided by the examining physician. When there is a disagreement about the compensation, the company can urge you to get an independent medical exam from its affiliated doctor. There is a possibility of undeserved, lower ratings which means the company is lowballing your expenses and benefits you are entitled to.
You have a pre-existing condition, and the company blames it for your associated problems
When you have a previous injury or pre-existing medical condition, the company can reason out that the associated health problems are a part of it. Once they deny that the insurance carrier is responsible for your accident or complications, it is essential to provide evidence that your injury is not related to previous ailments. Consult a lawyer if this occurs and keep track of your health records.
When your employer treats you in a less favorable manner
If the company is retaliating against you after demanding workers’ compensation, seeking legal counsel is required to handle negative actions and get the benefits you own. Being fired, demoted, fewer hours, and urging you to return to the work setting knowing that you’re still recovering are signs that they treat you less favorably.
You’re eyeing Social Security disability benefits
When you plan to avail of SSDI benefits, the company may judge it necessary to lessen your workers’ comp benefits. Hiring a lawyer can help you minimize or eliminate company interference.
You have a third-party claim
A workers’ compensation lawsuit is necessary if someone other than your employer is responsible for your accident. This is applied to incidents where an outside party is liable to your health complications; like an over-speeding driver, you can sue for the damages.
Hiring a Workers’ Comp Lawyer: Is It Necessary?
Before availing of the services of a workers’ comp lawyer, you must learn more about the related reparations and identify whether your injuries are heavy enough. If the accident gives you serious wounds while at work or the insurance company refuses to provide your due benefits, seeking legal advice is encouraged. When you’re in doubt about your situation, pursue legal help to prevent unfairness and get the necessary compensation.
You won’t need to avail of the services of an attorney dealing with workers’ compensation if:
- You suffered minimal injuries without long-lasting effects
- Your insurance company acknowledges that it is a work-related accident
- No pre-existing conditions that can be a source of settlement conflict are present
- You did not miss any workdays or just lost a few hours at most
In uncertain cases, free legal case evaluation is offered. This initial case evaluation is helpful to determine whether your case needs a workers’ comp lawyer or wait for the company to provide the necessary financial and medical benefits.
Getting the advice that will help you out of your predicament is possible by setting up an appointment with your attorney of choice. Finding a qualified workers’ comp lawyer is vital to fight for your settlement and reach a conclusion with your employment company.