When Is Hiring A Workers' Compensation Lawyer Absolutely Necessary?
It's not always that you need to hire a lawyer when you are injured in the workplace. If you have only suffered a minor injury that doesn't require much medical attention and your claim isn't being disputed by your employer or insurer, you may be able to handle your own claim.
Unfortunately, not all cases are that simple. Many workplace injury victims need, or can immensely benefit from, hiring workers' compensation lawyers. Here are three situations when hiring a workers' compensation lawyer is necessary.
Your Claim Has Been Denied
Your insurer may deny your claim for various reasons. For example, they may claim you lack the needed supporting medical documentation, your injury is non-compensable, or that you filed the claim too late.
The good news is, the workers' compensation system allows you to appeal the denial. Typically, the appeal process involves filing new paperwork, gathering fresh evidence, and attending hearings, so get a competent lawyer to guide you through it all.
They will ensure your petition has all the necessary information, including details of your accident and injuries, monetary figures to show wage losses, and the benefits you're pursuing. And if the petition fails, they will represent you at trial.
Your Injuries Stop You from Working or Limit the Tasks You Can Handle at Work Going Forward
Whether you have suffered partial or total permanent disability, you may be entitled to getting ongoing payments or a lump sum to compensate for the lost wages. However, such cases are usually very costly for employers and insurance companies, so they will do everything possible to limit the benefits you can get.
A competent workers' compensation lawyer can help you prove your disability and inability to continue working. They may also argue against a claim denial based on the argument that you can work another job. In the end, you will be one step closer to getting the compensation that matches your losses.
You Have a Pre-Existing Condition
Your insurance company or employer may use your pre-existing condition as an excuse to decline your claim. They may claim that your pre-existing condition is the cause of your current ailment, and your injuries aren't related to the workplace accident.
However, it's worth noting that you're entitled to compensation benefits even if you have got a pre-existing condition. Your workers' compensation lawyer will analyze every detail of your medical condition and then utilize their expertise to demonstrate how your pre-existing condition and current ailments are unrelated or how your pre-existing injury was aggravated by the workplace accident.
Reach out to a lawyer for more information.