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Whether or not you obtain workers’ compensation benefits and how much you get can make a big difference for you and your family at a trying time. Due to their influence over the procedure, the insurance company, nonetheless, may make things challenging for you.
For that reason, when your original claim is rejected, you might need to find a workers compensation lawyer to stand up for you and protect your rights.
It’s not always that simple to file your workers’ compensation claim, get paid, and go on. With the insurance provider, there are typically some back-and-forth situations that you or your lawyer may need to handle along the way. And as negotiations are frequently centered on workers’ compensation claims, many folks aren’t even aware that the claim can be negotiated.
However, your workers’ compensation attorney is experienced and adept at dealing with insurance.
When is a lawyer required?
If your situation is quite difficult, you should speak with an attorney as soon as you can after being hurt while at work. A lawyer will learn about your situation and the specifics of your accident, help with the paperwork, and make sure your claim is error-free.
Each phase of the claims procedure has a deadline, so your worker’s compensation attorney will also keep you organized. The following are situations where you should think about getting professional assistance if you don’t employ a workers’ compensation attorney at the beginning of your case.
If your request gets rejected
If your claim has been rejected, it’s frequently because there isn’t enough medical documentation or you didn’t notify your employer of the injury promptly. When your workers’ compensation claim has been rejected or reduced, the first thing you should do is ask for a hearing before a judge on the Workers’ Compensation Board. You need knowledgeable, tenacious legal counsel to battle for the rewards that are legally yours in this circumstance.
If your rating of permanent disability is in question
Your level of impairment provides a percentage explanation of your level of medical incapacity. Your weekly compensation for your employment injuries will be significantly influenced by this figure. If the insurance provider of your employer disagrees with the level of your handicap, it may compel you to undergo an independent medical examination by a physician of their selection.
The insurance company pays the IME doctor, therefore they will probably award you with a lower degree of disability to appease their employer. The insurance provider will use your lower rating as justification for providing you with fewer benefits. A lawyer may be necessary to help you obtain a just settlement or persuade a judge that you are deserving of a better grade.
If you have an already existing illness
You will have a difficult time recovering if you already have a condition or injury that affects the same body area that was hurt at work. It’s conceivable that the insurance provider may refuse you benefits and attribute your injuries to a preexisting condition.
If you’re having issues in getting the treatment you need
Unfortunately, the insurance provider may probably delay approving the required treatments if your injury necessitates surgery or extensive treatment. To obtain the care you require, a workers’ compensation attorney will be able to put pressure on the insurance provider.
When can you skip hiring a lawyer?
You might not require the services of a lawyer if your damage is mild and recovers on its own. It is extremely unlikely that insurance companies will contest any claims that:
- Do not need substantial medical care.
- Don’t make you have to take a lot of time off from your job.
- Don’t lead to long-term harm.
Take a broken toe as an illustration. Your doctor will advise you to take some over-the-counter pain relievers, elevate your foot, and tape the fractured toe to the toe next to it for support if you trip on something at work and fracture your pinky toe.
Your trip to the doctor will be covered, and you can go back to work as soon as the following day. Given that you didn’t need a lot of time off work, it is doubtful that you will be eligible for pay loss compensation. You ought to be able to manage the claims procedure on your own in this case.
An experienced lawyer will know how to gather the evidence required to support your case, negotiate effectively with the insurance company, and create a settlement agreement to prevent unintended effects, in addition to making sure you submit all the required documents and fulfill the deadlines.
If you are unable to come to an amicable resolution on your own, a lawyer can represent you at the hearing or trial and prepare for it on your behalf. So, don’t be hesitant to call a workers’ compensation attorney for a consultation if you have any doubts about your ability to handle your claim on your own.