A workers’ compensation attorney plays an important role in helping you protect your rights if you get injured on the job. The process of claiming workers’ compensation can often be confusing, and you might have questions regarding your case. An experienced attorney can guide you each step of the way. Continue reading to learn more about the role of an attorney in workers’ compensation cases.
One primary role of the attorney is to evaluate the facts of their client’s case and determine if it qualifies as a workers’ compensation claim. However, not every type of worker is covered under workers’ compensation laws. For example, independent contractors, volunteers, domestic workers, farmers, and some part-timers may not be eligible for workers’ compensation depending on state laws.
A lawyer would be well-versed in state laws for workers’ compensation and can help their clients determine whether their case is eligible. If a worker does not qualify for worker’s compensation, the lawyer can help them pursue other legal options, such as suing the responsible party for damages.
A workers’ compensation lawyer can also guide their clients on what type of benefits are available in the state and which benefits should be pursued by the client. For example, if the client suffers from a permanent or temporary disability, the lawyer can help them claim disability benefits. Financial damages can add up quickly if the worker suffers from serious injuries. The worker may be eligible for compensation for lost wages and loss of earning potential.
For a worker to be eligible for workers’ compensation, they have to meet the state’s legal requirements. Almost all states have specific deadlines for when a workplace injury should be reported to the employer. Employees who fail to report their injury before the deadline can lose their right to claim worker’s compensation. Having a lawyer by your side would ensure you do not miss such deadlines.
There are also state-specific deadlines for filing a workers’ compensation claim. An attorney can ensure that your claim is filed within the timeframe provided by the state so you do not risk losing your right to receive benefits.
The injured worker must also be able to prove that their injury was work-related through substantial evidence. However, gathering evidence while recovering from your injuries may be difficult, which is another reason victims prefer to hire an attorney. The attorney can help their victims collect different types of evidence to strengthen the claim.
Insurance companies are not easy to convince that the injuries are a direct result of the workplace accident and can often dispute the workers’ compensation claim. This is also a primary reason why initial claims for workers’ compensation are often denied.
To avoid paying workers’ compensation benefits, the insurance company can use various tactics, such as claiming the injuries suffered by the employee are non-compensatable. This implies that the workers’ compensation insurance does not cover the injury.
One of the things an experienced workers’ compensation lawyer brings to the table is their experience negotiating with insurance companies and preventing their clients from falling victim to the insurance provider’s tactics, including accepting a downplayed settlement.
Dealing with the insurance company is one of the biggest challenges injured employees can face in workers’ compensation claims, which is why they should enlist assistance from a legal expert. A lawyer can ensure that none of the paperwork submitted to the insurance company is incomplete to prevent denial of your claim. They can also help you understand the complexities of your case so you can make informed decisions regarding the claim.
Workers’ compensation claims can still be denied despite presenting medical records from a reputable doctor and other strong evidence of your workplace injury. A qualified lawyer can help you file an appeal if your claim is denied. You can visit this website to learn more.
A lawyer would ensure that the appeal is filed with the necessary documentation, including monetary figures demonstrating the financial losses of the injured employee, complete medical reports, and information on which benefits the employee is pursuing and how the injury occurred. In most cases, workers’ compensation claims are resolved through settlement agreements. However, if a settlement cannot be reached, an experienced lawyer can offer legal representation in a trial.