If the insurance company denies your claim, or you have questions about your benefits, an experienced workers’ compensation lawyer can help. These lawyers can also help you obtain medical information and put pressure on the insurance provider to license needed medical treatments promptly.
A workers’ compensation attorney can help you navigate a complicated process, which includes filing a request for a hearing with the WCB.
Medical Treatment
Many workers suffer work-related illnesses that are not immediately apparent. This may be due to toxic substance exposure, repetitive motion injuries, or long-term exposure to poor working conditions. An experienced attorney can help you establish a clear connection between your illness or injury and the work-related event that caused it.
It is vital that all of your medical treatment is documented correctly. Discrepancies in the records could be a reason for a denial of your claim. An experienced New York workers compensation lawyer can help you fill out all the correct forms, ensuring no detail is missed.
If your employer or insurance provider believes that you are not seriously injured or your condition no longer exists, they will request an independent medical evaluation (IME). Your workers’ compensation lawyer can defend you against these attempts to halt your benefits. They can also assist with negotiating a settlement that takes into account all of your future needs, including ongoing medical treatments and other costs.
Disability Benefits
In addition to covering medical costs, workers’ compensation provides partial or full wage replacement if an injury or illness prevents a worker from returning to their job. The specifics vary by state, but a workers’ comp attorney will help you understand the law in your area and maximize your benefits.
A workers’ comp lawyer knows how to negotiate with insurers and can avoid the many pitfalls that can lead to negative financial consequences. For example, an improperly written settlement agreement could cost you hundreds of dollars in disability payments each month by putting a lien on SSD or other income you might receive.
Depending on the severity of your condition, you may be eligible for long term disability or other collateral benefits. Your lawyer will explain how these work and determine when it’s appropriate to apply for them. They can also help you navigate the interwoven nature of these different types of safety nets. They can also help you determine when it makes sense to seek a disability pension from the government.
Modified Work Duties
Providing modified work duties shows injured employees that their employers care about them and prioritize their safety, comfort, and financial security. This can improve morale and productivity by minimizing lost time due to injuries.
Depending on the circumstances, modified duty may be a portion of an employee’s regular job or a completely different task. The key is that the tasks must be within the worker’s physical capabilities. Find out more about compensation lawyers right now!
Injured workers often find that their employer offers light duty that is not appropriate for them (paper cutting, sitting in an office for 8 hours). As a result, they feel like they are being ridiculed and may decide to reject the offer of modified work. This can lead to a disputed settlement of their workers’ compensation claim. The dispute is usually around the amount of value the employee should receive from their claim for lost time. This can increase the overall cost of a settlement. Avoid these pitfalls by planning ahead.
Settlements
When an injury causes long-term effects, workers’ compensation laws can help by providing money for medical care and lost wages. The first step is to report the injury, and then you may undergo a case review to determine your level of recovery. The insurer will then offer you a settlement, which could be delivered in one payment or as a recurring (structured) payout.
An experienced workers’ compensation lawyer can ensure that your claim is assessed fairly. If you don’t accept the insurer’s initial settlement offer, you can request a hearing with an administrative law judge. However, this can be a lengthy and expensive process. Most people prefer to settle rather than risk a trial. A workers’ comp attorney can help negotiate a settlement that adequately covers future medical bills and income loss. Medical open settlements are based on the severity of your injuries and other factors. This is a key reason why it is important to hire an attorney.