Getting hurt at work is often not a big deal. You may stub your toe against a desk or get a paper cut when loading the printer. Unfortunately, some work injuries are far more extensive than this.
Such injuries can impact your health over the long term and affect your financial stability, especially if you need time off to recover.
You may get a payout from workers’ compensation if you sustain an injury at work. However, the process is often complex and sometimes unfair. You may find yourself dealing with delayed payment or even a denied claim.
Difficulties like these can be avoided if you hire a lawyer after sustaining a workplace injury. Keep reading to discover when to call a lawyer and how legal assistance can help protect your rights.
Workers’ Compensation
Workers’ compensation is a system designed to provide medical and financial support to employees injured at work. This system also caters to employees who become ill directly due to their jobs.
In America, most employers must provide workers’ compensation for employees. The system’s employee benefits include coverage for medical treatment, payment for lost wages, and potential disability benefits.
That said, the system is supposed to be straightforward, but often not. If you want compensation after a workplace injury, your claim may be denied for whatever reason. You may also not get enough compensation to cover your expenses. Chances are you will also wait a long time to receive your benefits.
A lawyer can help you through the process of claiming workers’ compensation and also ensure your rights remain protected. The following situations warrant hiring a lawyer for assistance.
When Your Workers’ Compensation Claim Is Denied
If your claim is denied, you can ask a lawyer for help. Your claim may be denied on the basis of the insurer claiming your injury is not work-related. They may also deny your claim based on the argument that you had a pre-existing injury. Your claim can also be denied if you miss the filing deadline.
It is important to act fast because you have a limited window to appeal the denial. You should also hire a lawyer experienced in workers’ compensation cases to help speed up the process.
When Your Employer Disputes the Injury or Its Severity
Not all employers are noble; you may discover this the hard way when claiming workers’ compensation. Your employer may try to downplay your injury. They may also dispute your injury to avoid a higher insurance payout.
Sometimes, it is not even about money. Some employers dispute workplace injuries because they do not want a blemish on their safety records. Your employer may argue that your injury was not serious or that you exaggerated your symptoms.
If your employer does this, you need legal representation. Your lawyer can work with doctors to get expert opinions on your injury. Your lawyer can also get your medical records and use them to counter your employers’ claims.
When You Are Unable to Return to Work
Workers’ compensation should provide long-term benefits if you suffer a severe injury and cannot return to your job for a while. This scenario is more complex because the insurer must pay for future lost wages.
At this point, the insurer will likely argue that you can return to work in another capacity. A lawyer can ensure that you are not forced to return to work, and your benefit payment covers the extent of your loss of income.
When You Face Retaliation At Work
Some employers take things further than just disputing workers’ compensation claims. Some actively retaliate against employees who file a claim. If your employer decides to retaliate against you, you may be demoted or get a reduction in hours and pay. You may also have to work in a suddenly hostile environment.
The worst-case scenario is that your employment may be terminated. This type of retaliation in the workplace is illegal. If you experience it after suffering an injury, get legal help immediately.
When Your Medical Benefits Are Delayed or Denied
Workers’ compensation should cover the medical expenses related to your workplace injury. This includes hospital stays, doctor visits, surgery, and medications. If you need physical therapy, your payout should cover this tool.
The insurer may delay approval for treatment payouts or refuse to pay for certain procedures. If you are facing delays in receiving medical care because of this, a lawyer can intervene. Your lawyer can challenge the insurer’s decisions and work with your doctors to get the documentation you need for your medical treatment.
When a Third Party Is Responsible for Your Injury
If a third party caused your injury and not your employer per se, you should also hire a lawyer. Third parties include contractors, manufacturers, and others on the work premises.
If, for instance, you were injured because of faulty equipment supplied by a third party, your lawyer can help you file a legal case against the manufacturer or supplier. You could file this case in addition to your workers’ compensation claim.
Your third-party lawsuit can mean additional compensation, including for pain and suffering. An experienced lawyer can advise you on whether a third-party claim is viable in your case.
When Your Injury Results in Long-Term Disability
If your injury results in long-term disability, it will affect your daily life and your ability to work. In this case, workers’ compensation must provide long-term benefits. The problem is that the amount of compensation can be difficult to calculate.
Your lawyer can work with medical professionals to document the extent of your disability. This will help ensure you receive enough compensation for all your expenses, including lost wages.
Why Hiring a Lawyer Is a Good Idea
A lawyer is more than just an advocate for your case. They handle all the practical aspects as well. This includes paperwork, negotiations, and representation in court.
It is important to hire a lawyer as soon as it becomes apparent you should. If your claim is denied or you face unfair retaliation, a lawyer can and will help you.
So, if you have been injured at work and cannot seem to progress with your workers’ compensation claim, hire a lawyer to protect your interests and get you the payout you deserve.
