When to Hire a Workers’ Compensation Lawyer?

The fall down the stairs must have seriously hurt upon carrying heavy boxes at the same time. If the shooting neck and back pain doesn’t go away, consider consulting a worker’s compensation lawyer in NC

Other circumstances include

Employer Denies Injury at Work

Imagine suffering from a workplace injury and not being compensated or rectified for it. The injury makes the employer liable for compensation and payouts to assist in medical recovery or emotional trauma caused by a work accident. However, not every employee reports injuries for fear of losing their job and worsening his situation.

Suppose the injury is not reported on time and it becomes severe. In that case, the employer will present the image that the injury is not work-related and is therefore not their problem. The same negligent behavior is experienced by employees who suffer from long-term effects from exposure, resulting in permanent diseases such as respiratory issues.

Employer Delay Tactics

We cannot stress enough that you must immediately contact your employer as soon as the injury occurs. The employer must be notified in the presence of an HR representative who can begin creating an official report. The HR employee will begin the paperwork, communicate the events to the higher-ups, and file an official claim with the insurance company.

Remember that regulations and laws are different in provinces or states, so you may not experience the same process. However, the employer must not take more than a month to complete the report and assist the employee.

Complete or Partial Disability

The situation is about to become worse if the injury results in permanent disability or amputation. The sequence of events will result in receiving retirement from work since you cannot fully work anymore. Knock on wood; we hope it doesn’t happen to any of you.

Furthermore, the insurance company will delay your claim since amputee and disability claims are costly. You would need to hire a worker compensation lawyer to fight for your interest and hold the guilty party accountable, even if the employer’s negligence is performed.

Medical Assessment

When an injury occurs, you are immediately sent to a doctor. However, it is not a doctor. The doctor responsible for carrying out the diagnosis is on the official panel of doctors proposed by the employer. If the procedure is not followed, the insurance company or your employer will imply that the diagnosis and prognosis are fabricated and ask you to return full time.

Assuming the diagnosis is correct, the doctor may propose therapy or rehabilitation visits, so the injured motor functions return to normalcy. On the other hand, insurance companies will refuse to cover these visits since they do not think it is necessary for the recovery.

Appeals And Claim Negotiation

You will immediately need a lawyer if the insurance company rejects your claim altogether. Since the employer hires these insurance companies, there is a conflict of interest present. Therefore, you should hire a worker compensation lawyer as a tactic to overpower insurance companies.

Furthermore, imagine if your claim goes to appeal, you would need a lawyer who can grasp the complexities proposed by the appellate court. The matters can become complicated quickly in legal hearings, and you need an expert lawyer who can advise you and train you at all times.

Private Doctor Assessment 

You would be surprised to know most worker compensation cases result from permanent disability. The disability is rated based on a universal system that helps assess the severity or duration of the injuries. Assuming the insurance company disagrees with the rating, you need to get an independent hearing with the doctor you choose.

A worker compensation lawyer comes in to present the private doctor report and convince the court to receive a higher rating. The rating will result in maximum payout and disability benefits that could not have been possible without a lawyer present.

Pre-Existing Conditions

Suppose you suffer from asthma before working in a woodworking environment or suffer from neck and back issues at a job requiring manual lifting. In that case, the insurance is likely to blame the pre-existing issues for your new injuries.

You would need to present evidence in the court that the injuries resulted at work and not outside the work boundary. A worker compensation lawyer will do an excellent job displaying that the injuries or disabilities are not to be blamed on previous conditions. A lawyer will present evidence and introduce medical practitioners to strengthen his case and protect the interest of the injured.

Refusal From Employer

The social security disability benefits can significantly reduce the payment proposed by the insurance company. The insurance agent will aim to blur the lines to minimize payment and introduce two benefits as one. 

A lawyer will fight the claim by pointing out differences and presenting case laws to protect his point of view. The lawyer will also structure payments that do not minimize the compensation or eliminate the offset between the two acts. A worker compensation lawyer is present to protect the interest of the injured employee and not compromise until the injured are paid what they deserve.

Third-Party Claims

The shrewd technique employers use to justify injuries is cutting down working hours. Other means include a demotion or pressure to return to work before injuries heal correctly. Hire a lawyer immediately to argue countersuits and penalties if the employer refuses to take your injuries seriously.

You can also file a worker compensation lawsuit if a third party is responsible for injuries. A famous example includes suffering from an accident that resulted on your way to work. The worker compensation lawyer will work closely with the employer and employee to achieve the best outcome possible.

What Will a Work Compensation Lawyer Do?

To avoid any complications, hire a lawyer immediately before the claim just becomes another injured file folder. The lawyer will begin the case file by starting with paperwork. He will present the interest to the court on time and negotiate with insurance companies if it comes to it. 

Leave a Comment