Accidents can and will happen. One moment you are having a completely normal day at work, and the next moment you might find yourself at a hospital, unable to return to work for weeks or months.
Most companies would have a policy placed to compensate for such situations. However, it is not uncommon to have some difficulties when you are facing such a situation. You might feel like your voice is not being heard or the compensation you are being offered is not enough for the losses you have faced. This is when you might need a compensation lawyer.
When Will Your Injury Be Considered A Work Injury?
Your employer is responsible for providing secure premises for work, where all the safety measures have been taken to avoid any injury to the workers’ health. It is crucial to know that any injury or illness that occurred due to mishap, exposure, endangerment, etc, while you were fulfilling work duties is considered a work injury.
It doesn’t matter if it happened inside the company venue or outside, during work hours or not during work hours. If it happened while you were working for the company, the company is liable for compensation.
If you are not sure about whether your work-related injury needs to be compensated, consult a comp lawyer. These often specialise in various different aspects of work injury, so you can likely find one that can work with your personal circumstances. For example, this silicosis lawyer works to provide compensation for those who have developed silicosis as a result of inhalation of silica in the workplace.
The crucial part is to know when you should get a comp lawyer. The following points will help you figure out whether or not you need a compensation lawyer to deal with the company after your work injury.
Should You Hire A Compensation Lawyer If Your Employer Refuses To Take Responsibility?
Not all companies are forthcoming about an employee’s injury. If you are facing trouble getting compensation for your work injury and looking to hire an attorney, check out this website.
Your company might deny that the injury happened at work. They might even accuse you of callousness, saying that the accident happened due to your incompetence.
In some particularly nasty cases, employers threaten the employees with possible consequences they might face for asking for compensation.
When you are finding it difficult to deal with your employer, opt for hiring a compensation lawyer. They know how to deal with such situations, helping you get the maximum benefits you deserve.
Is The Insurance Company Hired By Your Employers Refusing To Pay?
Sometimes, even if your employers are totally onboard with your situation, their insurance carrier might be causing problems.
Even when the company has reported the situation within the deadline, the insurance company might say that the injury is not too damaging, or they might say the injury is not work-related.
"Can I sue my employer for not reporting my injury?" is a common question you are probably asking at this time. The answer is "possibly" which is why it is best to work with an experienced legal team.
A comp lawyer knows exactly how to deal with insurance companies that need a sturdy hand. They can iron out the issues and get you represented successfully in front of large insurance carriers, who have quite a bit of power and influence to scare you off.
In case your compensation claim has been rejected, you need a worker’s compensation lawyer. Your lawyer can negotiate with the insurance carrier, and even file a case to the local court if the insurance company is unwilling to negotiate.
Not Getting Compensated For The Time Off Work Due To Injury?
A serious injury takes a lot of time to recover. If the injured person is the main breadwinner of the family, they won’t be able to work, and the entire family will struggle. If you have to stay off work due to an injury that your employers are liable for, they should compensate you adequately for the time lost in recovery.
However, if the employer is unwilling to give you paid leave or the insurance does not cover the compensation for time off work, you should get a comp lawyer. Your comp lawyer will negotiate with the employer or the insurance carrier and even take the issue to court if needed.
Does Insurance Not Cover Your Medical Bills?
A serious work injury will need immediate medical attention, which means you have to spend some time at the hospital. If your injury has a long recovery time, chances are that your doctor has recommended extensive therapy and long-term medicine intake. Paying the bills can be difficult as long-term medical care can be expensive on top of the bills you already have.
This is especially true if you have a Silica diseases with severe respiratory problems. This condition can be very debilitating and expensive, you want to be sure you hire an experienced lawyer to get you the financial support you need.
If your injury is work-related, your employer is supposed to take care of the medical bills. If the insurance does not cover your medical charges, you must take the issue to a worker’s compensation lawyer.
Your lawyer should have the experience and the know-how to deal with such cases, representing you in the best way possible. They can ensure you get your total compensation including time spent off work, medical bills, etc.
Your lawyer adds weight to the case so that your situation is taken seriously by the liable parties and the court, as sometimes things can’t be settled mutually.
Is It Taking Too Long To Get Compensation?
Understanding The Compensation Claim Process
● The process of a worker’s compensation claim is long, but it is necessary to understand what happens to judge whether the situation is taking more time than needed.
● Whether it is an immediate injury like a broken limb from falling or a slow-growing injury such a lead poisoning while dealing with toxic substances, you must seek medical attention immediately after the situation has arisen and left you ill.
● You get a limited amount of time to report the situation to the employer, and that time frame will vary from one region to another. You need to report your injury during that time frame. Make sure you provide your medical report file along with your compensation claim, otherwise there is literally no proof that you are injured.
● Your employer needs to provide you with the necessary files and forms, such as the insurance provider’s form, the state’s workers compensation board form, and other important files.
● After receiving and preparing the necessary documents, you need to file the claim to the insurance provider, who will then either accept the claim or reject it.
● Once the claim is accepted, you will receive compensation.
● However, if at any of the stages you are experiencing delay, you should hire a compensation lawyer.
Why You Need A Comp Lawyer To Handle Any Delays
Whether your employer is not taking the situation seriously or purposefully delaying the process, by not providing the necessary documents, you need a lawyer to handle them.
The same goes for the insurance carrier, who might take plenty of time to accept your claim, trying to look for any excuses to reject your claim.
In such cases, having a lawyer helps as they will deal with difficult employers and insurance companies, by adding pressure and negotiating when needed.
Has The Work-Related Injury Left You Permanently Disabled And Unable To Work?
● If you have gone through a major accident and illness, your workplace injury can leave you partially or totally disabled.
● If your skillset requires you to do physically strenuous activities or even use your important limbs or organs like arms, legs, eyes, ears, etc, being even partially disabled can mean that you will not be able to work any longer.
● If such a situation arises due to your work injury, your employer’s insurance carrier must pay continual disability compensation for the long term, sometimes even until retirement.
● Since disability compensation is a higher sum to be paid for a long time, insurance carriers are more likely to try and refuse your compensation claim.
● These are the cases that they are hardest on and almost always require the worker to hire a compensation lawyer.
● As your ability to work has been affected, you need to get the most out of this compensation. Your lawyer can help you do that.
● Sometimes they can even get the compensation that will help you get trained for another skillset or pressure the liable party to maximize the compensation so that you can live with your disability comfortably.
Do You Have A Preexisting Condition?
If you have a preexisting health condition that even slightly affects the parts of your body you have injured during work or might have the smallest chance of causing the accident, get a lawyer.
Your employer or their insurance carrier is highly likely to try and exploit the situation based on that preexisting condition.
If you are facing a situation where your preexisting condition is causing the liable party to reject or reduce your compensation, your comp lawyer can help you strengthen your case and fight them at your behest.
When Should You Not Get A Comp Lawyer?
● If your employer is completely helpful and trying to get you the compensation you deserve. When the employer is on board with the situation, the insurance company is likely to cooperate.
● If you have a minor injury, that requires very little treatment. For example, if you received a minor cut that only required stitches. The compensation for a minor injury can easily be covered and doesn’t require legal help.
● If your injury didn’t cause much loss to you. For example, you could go back to work within a day or so, or the injury healed within a few days.
The Bottom Line On Workers' Compensation Lawyers
Some serious work injuries require you to hire a worker’s compensation lawyer. It is important to report your workers' comp case quickly to the employer. If you are facing complications while claiming compensation, get a lawyer to help you.
