Recognizing the Signs: When to Hire a Workers' Compensation Lawyer
Posted on: 24 August 2023
Workers' compensation is an insurance policy designed to provide benefits to employees who suffer from injuries or illnesses due to their jobs. While it's possible to file a workers' compensation claim on your own, certain situations may warrant hiring a workers' compensation lawyer. This article will provide you with some signs that you might need legal representation.
Your Claim Is Denied
Employers and insurance companies often deny workers' compensation claims, hoping that workers won't appeal. If your claim ends up getting denied, a lawyer will be able to help you understand your rights, guide you through the appeals process, and work to get you the compensation you deserve.
Your Permanent Disability Rating Is Disputed
The amount of compensation you receive for a permanent disability largely depends on your disability rating. If your employer or their insurance company doesn't agree with the rating given by your doctor, they can require you to undergo an independent medical examination (IME) with a doctor of their choice. These doctors often give lower disability ratings. A lawyer can challenge the doctor's report and potentially arrange for a second, impartial examination.
You Have Preexisting Conditions
If you have preexisting conditions, particularly those involving the same parts of the body as your work-related injury, your employer or their insurance company may argue that your injury was caused by your previous condition rather than your work. A lawyer can help you counter these claims and prove that your injury is work-related.
You're Unable to Return to Work
If your injury or illness is so severe that you cannot return to your previous job or any job, you'll likely be entitled to lifetime weekly payments or a large lump sum to make up for your lost wages. Because these cases can be expensive for insurance companies, they'll do everything they can to avoid paying. Having a lawyer on your side can ensure you're treated fairly.
You're Receiving Other Government Benefits
If you're receiving other government benefits, such as Social Security Disability Insurance (SSDI), these benefits could be significantly reduced if you don't properly structure your workers' compensation settlement. A knowledgeable lawyer can help you minimize the offset.
While not every injured worker will need a lawyer, hiring one can be beneficial in many situations. A lawyer who specializes in workers' compensation in your area will understand the laws and procedures necessary to handle your claim effectively. Ultimately, the goal is to ensure that you receive fair compensation for your injuries. If you're facing any of these situations, contact a local law firm, such as Bernstein & Bernstein, to learn more.
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