Workers’ Compensation Attorney: Understanding the Process and When to Hire an Attorney
If you are injured on the job, you are traditionally covered by workers’ compensation insurance. However, there are some things you should do to make sure your medical bills are paid by your insurance plan and not out of pocket. In some cases, you may need to seek the help of a workers’ compensation attorney, who specializes in these types of proceedings.
understand the process
To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur on the job during regular or overtime duties. If it happens during lunch or regular breaks, it’s not always covered because you’re not supposed to be working during those times. The impairment must be something related to your job performance.
For insurance to cover cumulative injuries, such as carpal tunnel or back injuries from sitting or standing, they must occur in a timely manner. These injuries are difficult to prove with an x-ray or medical exam alone. Unless there is accurate medical documentation, some companies treat these complaints as suspicious. So employees have a harder time getting the company to take care of medical bills.
To increase your chances of approval, you don’t want to wait to file a claim. However, filing early does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers’ compensation attorney is your best ally.
Meeting with your lawyer
When you meet with your attorney, you should explain the circumstances of your injury. Explain all the steps you took to document the injury. You must also tell them how soon he filed and provided copies of all documentation.
At that time, he or she will give you information about your options. It may end up in court, or there could be a negotiation between you and the company’s insurance company. Your lawyer will be with you for any of the proceedings.
Some employers do not carry recommended insurance to help cover costs in case of workplace injuries. If this is the case, your workers’ compensation lawyer can help you negotiate a settlement in which your employer reimburses you for medical expenses related to the injury. There are times when this can go to court and end with a lawsuit to reach a settlement. The entire process is different, as there may not be any formal documentation filed with your employer.
Workers’ compensation lawyers can also help if you have been fired due to injury. Workplace injuries cannot be the reason for being fired and you can sue for wrongful termination. Although he will most likely get his job back, he can receive compensation for lost wages until such time as he can get a new job.
Because laws vary from state to state, you may want to contact a workers’ compensation attorney before submitting any paperwork to ensure it is completed correctly. This helps ensure that your insurance claim is approved and avoids a lengthy legal process.