4 Instances When a Workers’ Compensation Lawyer Is Essential to Make a Successful Claim
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Many employees think twice when it comes to consulting a workers’ compensation attorney. They either think it will harm their present or future career prospects, or are fairly convinced that their payout will be adequate and fair. Whatever is your take, it always helps to see a workers’ compensation attorney if you are injured in a workplace accident.
With a lawyer’s assistance you will be able to navigate the complex laws and regulations governing workers’ compensation, which vary from state to state.
For example, here in Chicago you’re required to consult a medical professional recommended by your employer if you have sustained a workplace injury. You opt out of the Preferred Provider Program and you may lose your compensation benefits. Also, the state of Illinois offers the two-doctor rule to workers, where they can opt for two separate doctors to examine their injuries, provided the doctors are part of the employer-provided network.
Here are a few instances when seeing a workers’ compensation attorney Chicago can be the best thing to get the financial relief you are entitled to:
When the Injury Leads to Partial or Permanent Disability
Sometimes, employees suffer moderate to severe injuries due to workplace accidents that result in long-term damage. Permanent partial disability or permanent total disability from workplace injuries is not uncommon. Several workers find it impossible to get back to their previous job, or any job for that matter, due to the disabilities they have suffered.
In such cases, it is extremely important that the injured party seeks the services of an experienced workers’ compensation lawyer, who will be able to help the client understand his rights as well as the worth of his case.
The employer’s insurance company will have to grant a massive lump sum amount or commit to weekly lifetime payouts to make up for lost wages; and in all likelihood, the company will try to avoid this. A lawyer will be able to fight for the worker’s rights and get him the compensation he is entitled to.
A permanently disabled employee is also eligible for Social Security disability benefits and a workers’ compensation lawyer can help claim it.
When Your Claim Is Disputed or Denied by Your Employer
The majority, up to 80%, of employees do not bother to follow up with their claim if it is denied or disputed by their employer or employer’s insurer. But, you should not be lax when claiming your rightful dues. You can challenge the insurance company’s determination in court.
Also, you are not necessarily suing your employer. All that your company does is fill up a few forms and submit them to the insurance company or the state workers’ compensation division. Your lawyer will take up your case with these agencies, not your employer.
If you are hurt and decide not to appeal against the denial of claim, you are actually giving up your right to receive financial compensation for medical expenses and lost wages. You must consult an attorney to know about your rights and privileges. Only then should you decide whether or not you want to contest the denial.
When Your Compensation Is Inordinately Delayed
Sometimes workers’ compensation claims are caught in legal wrangles and take too long a time to reach the injured person. In other cases, the insurance company will accept that one part of the body was injured, but raise doubts about injury to other parts. Or, the payer will simply ignore the claim, hoping that the worker will get tired of pursuing it and get back to the job.
If you employ the services of an attorney, however, he or she will aggressively pursue your claim with the insurance company, thus ensuring that you get your money as soon as possible. Also, the insurer will be aware that if the delay continues, there will be legal action from your side, which they definitely want to avoid. So, do get in touch with a lawyer as soon as possible if you feel your payout is being delayed for no reason.
When Your Injuries Require Considerable Medical Expenses
If you have had a minor injury, like a broken hand, and if your doctor certifies that you can get back to work as soon as the fracture heals and you feel as fit as prior to the accident, then there is no need to see a workers’ compensation lawyer. But if you are seriously injured or require corrective surgeries, or have a niggling feeling that everything is not okay with you, then you need to consult an attorney.
Your employer’s insurer, despite how pleasant and fair the claim adjuster may seem, always works to minimize payouts. If you have sustained serious injuries, your lawyer will be able to evaluate your case with the help of independent healthcare experts and arrive at a figure that can be deemed as fair compensation. Anything below that may not be enough to cover your current and future medical expenses.
When an experienced workers’ compensation lawyer represents you, your chances of receiving a fair settlement improve drastically.
Conclusion
Your decision to hire a workers’ compensation attorney depends on a lot of factors. But with a majority of lawyers working on contingency basis, it does not cost you anything to consult one to discuss where you stand and how much your claim is actually worth.
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We believe that you deserve to receive appropriate compensation after being injured at your place of employment. Don’t let your claim fall by the wayside!
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