If you have been injured at work, consulting with a workers’ compensation lawyer may be of benefit to you. Consultations is generally free.
Insurance companies and employers will seek to minimize payments for workers’ comp claims. Should resistance arise or you experience any retaliation, hiring an experienced worker’s comp lawyer is absolutely essential.
1. You Have a Preexisting Condition
Prior to the Affordable Care Act (ACA), insurance companies could impose pre-existing condition exclusion periods which prevented people from gaining coverage or increasing their benefits. These lookback periods usually lasted one to ten years; insurers would review an applicant’s medical records in this time to ascertain if any preexisting issues had been diagnosed or addressed prior to starting a policy.
Workers’ comp attorneys understand these rules and will make sure you receive every penny of compensation due to you from any settlements or settlement offers made by insurance companies. They’ll know when they’re playing games with them and continue working on your behalf until all possible payments have been received from all potential sources.
Employers and their insurance companies don’t want to shell out full benefits in every instance – that would reduce profits and possibly hurt their bottom lines. Instead, they often attempt to have you evaluated by a doctor again or take other steps that suggest your injury might not be as serious.
2. You Have a Disputed Claim
If you find yourself embroiled in a dispute with either your workers compensation insurance company or employer, seeking legal advice could be of benefit. Lawyers specialize in handling difficult matters to ensure you receive all financial benefits available to you.
Workers’ comp insurers make money from accepting premiums without paying out claims, so they will always try to minimize or deny your claim altogether. A workers’ comp lawyer can protect your interests against such tactics by fighting hard for maximum compensation settlement possible.
Your attorney can also offer expert guidance regarding how workers’ comp benefits will impact other income sources, including Social Security Disability Income or long-term disability insurance benefits. They can explain the effects of preexisting conditions, class codes, experience mods and other variables which could impede your claim; additionally they could advise you against seemingly minor things that could hurt it, such as posting photos online without authorization or attending nonwork related events.
3. You Have a Rejection
Workers’ compensation insurance companies sometimes deny claims even when an employee follows protocol and reports their injury correctly. They may argue that it was unrelated to work or not serious enough to qualify under policy; alternatively they may request an evaluation by an independent medical examiner that costs extra for patients.
As soon as a denial has been officially recorded, it can be extremely challenging to reverse it without assistance from an attorney. A workers’ compensation attorney can help file your appeal quickly and increase its chances of success.
As well as filing an appeal, workers’ comp attorneys can also protect you from attempts by employers or insurance companies to require you to give recorded statements that would violate your rights and could have detrimental results in your case.
4. You Have a Severe Injury
An attorney can ensure that you are being treated by highly reputable physicians with expertise in treating your type of injury or illness, who provide detailed medical records. An experienced lawyer also knows what evidence needs to be gathered in order to force an insurance company into offering an equitable settlement offer.
Accident injuries often create unanticipated costs, from ongoing treatments and medical bills, to wage loss benefits that accurately account for both present and future financial needs. An attorney can ensure you receive enough of these benefits so as to cover all necessary expenses associated with an injury claim.
Many seemingly minor actions can damage a workers’ comp claim, such as posting innocent-seeming posts to social media or attending family reunion outings. Hiring a workers’ comp attorney immediately after being injured is best, with most offering free case evaluations; they’ll act as your advocate and help secure care and compensation as quickly as possible.