Injured or sick employees must report their injuries or illnesses by state laws and insurer requirements. Employees must also receive prompt medical treatment for their injuries.
Unfortunately, insurance companies may deny workers’ compensation claims for various reasons. If this happens, a skilled workers’ comp attorney is essential to protecting your rights.
Hire an Attorney as Soon as Possible
Get legal help for workers’ compensation claims because they can explain legal terms like “cumulative trauma,” “primary impairment rating,” and “return to work guidelines” to you in a way that makes sense. A lawyer can also help you get a second opinion if your employer-approved physician says it is time to return to work when you disagree.
An experienced workers’ compensation attorney can also ensure the insurance company acknowledges medical documents and paperwork related to your injury. If the insurer refuses to acknowledge these documents, an attorney can file an appeal.
An attorney can protect you if your employer or insurance company tries to cut corners or delay payments. In addition, a lawyer can help you file a lawsuit against a third party for your injury, such as if another worker employed by a subcontractor on the job site causes you to be injured. These types of claims often yield larger settlements and can include noneconomic damages.
Get a Medical Evaluation
If your employer or its insurance provider doubts the severity of your injury or illness, it may demand you see an independent medical examiner (IME). A workers’ compensation lawyer can help you prepare for this examination so that the doctor who carries out the evaluation supports the claims of your condition.
These appointments can be intimidating, and you must remember that there is no doctor-patient privilege here. That means everything you say during the evaluation will go directly to the insurer, including details about your personal life and how you spend your free time.
This information could be used against your case, so keeping it brief and relevant is important. Your attorney can help you determine what to include in these notes. In addition, your workers’ comp attorney can review any letter your employer’s insurance company sends to the independent physician before your appointment. This can help you avoid any missteps at your IME appointment.
File Your Claim
A workers’ compensation lawyer will help you file all the necessary paperwork. They can also advise you on including jargon or information that may strengthen your claim.
For example, showing that your employer could have prevented the accident or injury that led to your illness or injury will be valuable evidence. Also, a workers’ compensation attorney can warn you about seemingly minor things that may hurt your case, like posting innocuous pictures on social media.
It is important to remember that you only have a limited amount of time to report your work-related injury or illness and begin the process of getting your workers’ comp benefits approved. If you do not file properly, the insurance company may refuse to pay you the full amount of money you deserve. This includes both medical treatment and disability payments. Workers’ compensation lawyers can help you avoid this by filing your paperwork correctly.
Schedule a Consultation
Sometimes, workers’ compensation insurance representatives try to deny or minimize claims to save their employers money on premiums. They may do so by avoiding or cutting corners on investigations or unfairly rejecting claims without looking at all the evidence. Insurance reps may also be pressured to meet performance targets and quotas, which leads to them using biased interpretations of the medical evidence and pressuring injured employees into accepting lower payouts than their injuries warrant.
If you are Medicare-eligible and receive a settlement from the workers’ comp insurance company, consulting with a workers’ compensation attorney is important. A skilled lawyer can help you reach a compromise and release (C&R) agreement that ensures the settlement amount does not offset your Medicare benefits.
If you file a request for a hearing with the WCB and are denied or have any issues with your case, you can apply for review by the Board. A workers’ comp lawyer can help you understand the process and file this application to seek review.
