First a worker gets injured on the job, and health is really all that matters at that point. Yet after that initial shock, another obstacle emerges, the treacherous labyrinth of processing a workers’ compensation claim. Most people who are injured on the job think that filing a claim is easy whereas, in fact, in reality, trying to be compensated fairly can be riddled with obstacles.
Besides, insurance companies are more interested in keeping losses down, employers refuse to pay and deceptive legal treacheries result in injured workers never receiving the benefits they are eligible for.
Workers’ compensation lawyer like Davis, Saperstein & Salomon P,C. can be a lifesaver since you not only want the maximum settlement but also that the injured worker gets full and fair compensation and ongoing medical expenses, job protection & legal if need be when there is contest. An attorney is more than a person able to negotiate a payout, they serve as advocate, advisor and protector for the workers.
The Challenges of Filing a Workers’ Compensation Claim
Insurance companies have adjusters and lawyers to do the reduction or denial of claims. Employers may push back as they perceive this to mean higher insurance costs or liability. Some of the pitfalls that often hold up an employee with injuries to include:
- Common Denominators: Denial of Claims – Claims are sometimes denied for trivial reasons, form mistakes or simply missed deadlines.
- Bad Compensation – Insurance companies will try their hardest to settle a claim for less than the cost of all medical bills, lost income and sustained disability.
- Job retaliation — Many workers will not file a claim in fear that successive job loss, demotion or worse lay in store.
- Medical Malpractice — Companies or insurers may require workers to be seen by registered practitioners and will only pay for a degree of injuries.
- Complex Appeal Process — The appeal of an initial denial will be a multi-step process as you will need an attorney to navigate in order to get another chance at success.
A workers compensation lawyer is your antidote to the workers you were in favor of being bitten by or taken advantage of.
Beyond the Settlement: The Full Scope of Legal Representation
1. Worker Rights Advocate
It means that an injured worker is properly protected and not mistreated through the process of being claimed. It is to ensure that employers do not reprimand, client rights are explained properly and medical benefits and lost wages are fully covered.
2. Getting the Best Compensation
Workers often think their first offer is going to be reasonable but as otherwise practiced attorneys understand how calculations really work, for example things like:
Continuous medical costs if you are requiring treatments going forward or surgeries they may have to pay for also as well.
- Loss of earnings — if the injury means that a person will earn less then for the rest of their life.
- The State — depending upon state laws a range including Pain and suffering
- Vocational Rehabilitation if the worker must change careers
3. Handling Complicated Paperwork and Deadlines
Working for compensation leads to complex paperwork and strict deadlines on the receipt of claims. Proper form filing is essential and an Attorney will file all the forms correctly and in time to avoid a denied claim due to clerical errors.
4. Negotiating with Insurance Companies
Insurance Companies only want to pay what they feel like paying. They could threaten injured workers to take a lowball offer, or use other methods to interfere with collecting.
5. Where to take client for Hearings or Court
If a claim is adversely claimed or contested a lawyer may also represent the worker at hearings before an administrative law judge. Where a worker is injured, they often self-represent and as a result have difficulty presenting their case effectively against insurance attorneys.
6. Consultations of Medical Experts, witnesses.
Lawyers frequently work together with doctors to provide objective assessments of an injury. They can also bring into court witnesses whose testimony might shed light on unsafe conditions or employer negligence.
The Importance of Hiring an Attorney Early
Most injured workers will not hire an attorney until their claim gets denied, which is unfortunate because those of us in the biz know that a lot of them never should have gone through hearing in the first place.
A lawyer can:
- Can get ALL the medical documentation
- Protect the Employers or insurance companies us using every legal loophole we can find
- Simplify the claims process with no mistakes that are usually made
- Have a chance of getting maximum benefits right from the start
Conclusion
Contrary to common belief, a Workers Compensation lawyer does not only ensure you receive a one-time settlement but makes sure exposed employees get full protection, benefits and financial support that are legally due. Workplace injuries are devastating and finding attorneys to navigate through the legal system unassisted is a challenging proposition. With the help of qualified attorneys, workers have an effective voice in the process that fights for their side and upcoming financial well-being.
If you or a family member was hurt at work do not accept the bare minimum of what you were told. Consult with a workers’ compensation lawyer to ensure that your claim is handled properly and that your rights are fully protected.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
