An employee who gets injured or develops a debilitating disease at work may be eligible for workers’ compensation. This employment insurance is handed out to staff to cover medical bills, rehabilitation costs, and salaries while they’re recuperating.

Workers’ compensation laws are designed to avoid costly lawsuits. However, the claims process can be overwhelming, especially for an injured worker. Thus, a lawyer should be around in situations where you need someone to back you up.

Ahead, you’ll find the reasons to hire legal counsel if you get hurt at work.

 1. You Need Help With The Preparation Process

Rules applicable to workers’ comp claim varies from state to state. To determine if you’re qualified, seek an appointment with a worker’s compensation lawyer and discuss the circumstances before, during, and following your sickness or injuries.

If you’re qualified to claim, the next step is to find out how to establish enough evidence to prove that your injuries and sickness are work-related and that you’re able to inform your employer promptly.

Take note that filing a compensation claim must follow state requirements, including the statute of limitations. If you fail to follow these rules or file belatedly, your lawsuit will be denied.

 2. You Need To Know The Benefits You Qualify For

No matter the circumstances, employees must take care of their employees’ well-being. There are a few benefits an employee can avail of, depending on state rules and specific events or extent of injuries. For instance, in some states, you may be eligible to receive vocational training if you can no longer perform tasks required by your previous job position.

By studying your situation, legal counsel can help you identify all the types of benefits you’re entitled to. Being familiar with the employment laws, a workers’ comp lawyer helps ensure you get all the assistance you need under the law. If applicable, filing a personal injury claim against your employer or a Social Security Disability Insurance is two viable options.

 3. You Have A Pre-Existing Condition

Insurance companies will find ways to minimize the amount of compensation. Insurance companies may exploit a claimant’s pre-existing medical condition to convince the court that the disease triggered or worsened the situation. If this happens, your claim will be denied, and you won’t receive any compensation.

While they’re not a medical practitioner, lawyers can use their critical thinking and work with medical specialists. This power duo can help prove to the court that your medical condition and the injuries sustained at work aren’t related.

 4. You Want To Face Challenges Head-On

As mentioned, insurance companies would like to pay the lowest possible reimbursement rates. Worse, they may reject some or all of your claims without stating why leaving you puzzled about what could have gone wrong.

However, there are many reasons why a claim may be denied. A few of these include the absence of a witness, delayed reporting, discrepancies in the report and medical results, and if the employee tests positive for illegal drugs.

With a workers’ comp attorney by your side, you’d be able to anticipate these potential pitfalls. Seasoned lawyers will also have a few tricks up their sleeve, helping you navigate through challenges that insurance providers may use in denying repayment.

 5. Your Permanent Disability Rating Is Questioned

Legal requirements in some states don’t include an accredited physician to perform tests to validate your medical condition. However, an insurance company may question your permanent disability rating and request their doctor to perform confirmatory tests. When this happens, the insurance provider can manipulate the medical professional to lower this rating.

A disability rating is crucial in your claim because it determines how much you’re going to receive, in most cases. States have assigned amounts for every rating, and it can also be used to compute how long you’re going to receive benefits.

As such, it’s in your best interest to keep these ratings high. A skilled legal counsel can help you by convincing the court that you deserve a high rating.

 6. You’re Filing An Appeal

Upon receiving a rejection, you should ideally find detailed instructions on appealing for worker’s compensation. Diligently review these guidelines and mark the deadline, which typically spans between 30 to 90 days. Common reasons to appeal encompass fraud, administrative mistakes, and other significant errors.

Although you have the option to appeal independently, it’s crucial to recognize the formidable, well-funded attorneys backing the insurance company. Engaging a workers’ compensation lawyer can bolster your case with compelling evidence, potentially reversing a denial.

The Bottom Line

Navigating the intricate legal maze of worker’s compensation claims, including appeals or potential lawsuits, becomes simpler with a dedicated attorney. In essence, such a professional can exhaustively explore every avenue to secure the compensation you rightfully deserve.

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Samantha is an HR practitioner who has worked with several companies to help them improve their HR practices. Samantha has gained decades of experience in handling all HR facets that include managerial relations, labour relations, training and development, recruitment, and compensation and benefits.

When Samantha is not busy at work, she writes articles about the importance of effective HR practices and why startups should always prioritize this area of the business.