Six Circumstances That Require a Workers’ Compensation Lawyer
The law doesn’t require you to have a workers’ compensation lawyer before you file a workers’ compensation claim. But while some cases sail through without the involvement of an attorney, other cases require a professional’s touch for the best outcome. Below are six situations that require a lawyer’s help.
1. You Sustained Severe Injuries
The severity of injuries is proportional to the amount of workers’ compensation benefits you deserve. Severe injuries mean more days absent from work (hence more wage loss benefits) and also require more money to treat your injuries so you can be back to work (hence more medical benefits).
If your injuries are severe, you have more to lose in the event that you don’t get all the benefits you deserve. A 10% loss of a $100,000 benefit is more serious than a 10% loss of a $10,000 benefit. A workers’ compensation lawyer will help you achieve the best possible outcome.
2. You Have Difficulty Returning to Work
Your workers’ compensation benefits stop when your health recovers and you get back to work in the same capacity you had before your accident. Thus, your ability to return to work is a big deal. You can easily get into a dispute with your employer about whether you have recovered enough to get back to work.
Get a lawyer to help you sort through any return-to-work issues. You may need expert testimony in addition to your medical records to prove that you have not recovered as much as your employer claims.
3. You Have Pre-Existing Injuries
Pre-existing injuries complicate workers’ compensation claims because the employer is not supposed to compensate you for your pre-existing injuries. However, at the same time, you deserve compensation if an accident has exacerbated your pre-existing health conditions.
The difficulty here is to differentiate the injuries you sustained before and after your on-the-job injury. A workers’ compensation lawyer is the best person to help you with the differentiation and prove how an injury has exacerbated due to your employment.
4. You Received Inadequate Benefits
Sometimes a workers’ compensation claim sails smoothly only for the benefits to come back lower than the injured worker expected. If that happens to you, then you can appeal for an increase in your benefits award.
Unfortunately, the appeal process is rather complicated for most workers. You also have to worry about statutory time limits to appeal. You will have an easier time with the appeal if you let a workers’ compensation attorney handle it on your behalf.
5. You Have Received a Denial to Your Claim
Workers’ compensation insurance companies can deny you benefits for several reasons. Maybe the insurance agency is convinced that you didn’t get injured at work, that the evidence you have is weak, or that you have only pre-existing injuries. In any of these cases, you have the right to appeal the denial.
Before you appeal, find out the reasons for the denial. You may need to provide additional proof for your claim. Work with a lawyer to increase your odds of success with the appeal process and the filing of a Claim Petition.
6. You Want Professional Guidance
You don’t have to wait until a complication arises to seek the services of a workers’ compensation lawyer. You may feel overwhelmed by the process if you have never handled a workers’ compensation claim before.
Maybe you would feel more comfortable if you let a professional handle the whole process on your behalf. A lawyer can guide you from the start of the claim process to its completion.
Hopefully, you will get the benefits you deserve if you were injured at work or at your workplace. Walz Law Office can help you with the claim process to reduce your chances of denial and maximize your benefits. Contact us today for a free initial consultation.