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VWB Blog > Law > When Do You Need a Workplace Injury Attorney?
Law

When Do You Need a Workplace Injury Attorney?

VWB Blog
Last updated: July 12, 2023 4:33 pm
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Did you get into an accident at work and want to know what rights you have? You might think it takes a single search, but it’s also good to have a workplace injury attorney. The question is, when do you need them?

Contents
Workers’ Compensation Claim Gets DeniedPre-existing Medical ConditionTrouble Getting the Necessary TreatmentInsurance Company Becomes NegligentThe Injury Affects Your WorkThe Injury is Not Entirely Your FaultDisputed Your Permanent Disability RatingReceiving Other Government Health BenefitsRequired to Attend a Workers’ Comp HearingMaximize Your Workers’ Comp With a Workplace Injury Attorney

Although many explain what counts as workplace injuries, some cases are more confusing than others. If you want to ensure you get proper compensation, it’s best to have a professional on your side.

So, here are a few instances when you would want to have a workplace injury attorney with you.

Workers’ Compensation Claim Gets Denied

Your insurance company can deny your workers’ compensation claim if they think the injury isn’t work-related or you file your claim too late. Other possible reasons include report discrepancies, lack of witness, or if you got laid off by the time you submitted the claim.

Most suggest letting your company know about the injury immediately to avoid delays or issues. But, you or your employer can submit a claim within one to three years after the accident.

If your insurer denies your claim, you can appeal through a specific process. Note that the steps vary from state to state but generally require legal tools to present at a hearing. It includes the presence of a work injury attorney.

Pre-existing Medical Condition

If your work injury occurs in the same body part where you have a preexisting condition, it gets harder to defend the cause. There’s a chance your insurance company denies your claim due to the possible reason.

This usually happens when your injury is something that develops as time passes rather than a single experience thing. And so, a lawyer can help you prove the cause of the injury.

Trouble Getting the Necessary Treatment

If your insurer denies or delays approving your claim, you could have trouble getting the treatment you need at the necessary time. It may result in more problems with your current condition and cause the claim to become ineligible.

If you have an attorney with you, they can urge the insurance company to process the claim before your injury gets worse.

Insurance Company Becomes Negligent

You might come across an insurance company that fails to prioritize your workman’s comp needs. It could cause you to lose your eligibility to submit a claim and receive the compensation you should be receiving.

Experts from the Di Lauri & Hewitt Law Group believes that work injury lawyers can help you handle a negligent business, especially when the injury requires immediate medical attention. This way, you can get your compensation in due time and prevent the injury from worsening.

The Injury Affects Your Work

You might end up with an injury that disrupts your performance at work. It could either cause you to stop working, limit what you can do, or prevent you from returning.

Some injuries that start off small then later become permanent disabilities. Usually, the compensation you get for it is weekly or monthly sums that make up for lost wages.

When this happens, an injury attorney will help you get enough compensation to provide for your needs. Note that it could be pricey for the insurance company, but you should still try to get what you deserve.

The Injury is Not Entirely Your Fault

You could get a workplace injury due to a reason you didn’t cause. For example, your co-worker drops equipment, causing you to get injured. There are also instances where you can sue the people who caused the incident outside workers’ comp.

If you plan to do so, an injury lawyer can help you figure out the right process and how laws apply to your situation. Although it doesn’t guarantee compensation, it’s one way to legally address the problem.

Disputed Your Permanent Disability Rating

Most workman’s comp settlements are particularly for permanent disability benefits, depending on your rating. In the event the insurance company disagrees with the rating provided by your doctor, they can require you to go through an independent medical examination.

You might get a lower rating after the exam, which means you receive fewer benefits. That’s where an attorney comes into the picture to ensure you get a fair settlement based on your previous rating.

Receiving Other Government Health Benefits

You’re most likely to get fewer government benefits if you file a claim to get workers’ compensation. This may depend on federal or state laws, so it’s best to look into what rules apply to your location.

With the help of an attorney, you can minimize how much gets reduced from your existing government benefits. You can also set aside a portion of your workers’ comp to put towards future medical treatments.

A workplace injury attorney will help you figure out a solution that provides you with the most advantages.

Required to Attend a Workers’ Comp Hearing

Depending on your case, you might have to attend a workers’ compensation hearing to get a proper settlement. For example, when your insurance company consistently denies your appeals or if there’s a lapse in with your claim and records.

Note that it’s best to have an attorney during a hearing. Some may think they can defend themselves in court, but you should have a deep understanding of the laws in your state to properly make your case.

You can get a workplace injury attorney to represent you during the mini-trial. This way, you can get a fair award and proper treatment.

Maximize Your Workers’ Comp With a Workplace Injury Attorney

When you get injured at work, there are several ways you can get compensated. Most suggest getting a workplace injury attorney to ensure you receive fair benefits. Moreover, they help you clear everything by following the right processes.

So, what do you think? You can check out the rest of our blog for more info.

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