7 Reasons To Hire A Workers’ Compensation Attorney

• Mar 22, 2022
• Blog
• Michael Burgis & Associates, P.C

In 2020, almost 2.7 million nonfatal injuries happened in the workplace. Workplace injuries occur regularly, from slips and fall to illnesses to overexertion and muscle strains.

In theory, getting compensated for your expenses after getting hurt on the job should be easy. If you get injured at work, you file a workers’ comp claim and get your medical bills and lost wages paid for easily. In reality, though, this is often not the case.

A workers’ compensation attorney can help you navigate this complex and confusing process. Read on to learn more about why you should hire an attorney after an injury at work.

1. Determining Your Workers’ Compensation Eligibility

If you were injured on the job, and your employer has insurance, most employees are eligible for workers’ compensation. However, there are some exceptions. Also, whether your claim is accepted or denied, you may also have a personal injury CIVIL claim that may provide for greater compensation.

An experienced workers’ comp attorney can help you determine your eligibility. They can help you complete your claim to maximize your chances of success.

2. Prevent Denial of Your Claim

Many workers’ comp claims are denied. If you don’t follow the rules for when and how to apply, your claim could be rejected, leaving you to appeal it or on the hook to pay your medical expenses and figure out how to bring in income if you are experiencing a loss of wages.

Filing a successful claim the first time is much easier than appealing a denial. Workers’ comp attorneys are experts in completing the proper paperwork and putting together a strong claim the first time so you can avoid rejection.

3. Determining All the Benefits You Are Eligible For

There are different types of benefits you may be eligible for, including medical, vocational, and disability benefits. Not all of them are available in every state, though. In California, workers’ comp provides the following benefits:

• Medical
• Temporary disability (covers lost wages while you are recovering)
• Permanent disability (if you don’t recover completely and cannot return to work)
• Supplemental job displacement (these vouchers pay for retraining or learning new skills if you can’t return to work for your employer)
• Death benefits (paid to your spouse, children, or other dependents if you die as a result of your work-related injury or illnessMedical benefits are typically available immediately after the injury or onset of the illness. Temporary disability benefits may not kick in until you have missed a certain number of workdays. Permanent disability benefits only kick in when there is final medical reporting establishing that the injured worker did not have a full recovery.

4. Requesting Enough Benefits

If you try to navigate a workers’ comp claim on your own, there is a good possibility that you will underestimate the benefits you are entitled to. Your attorney will help you determine what you are entitled to, especially if you will be out of work for an extended period.

Medical expenses and other expenses will add up quickly, and without the proper amount of benefits, you will not be able to pay your bills. An attorney will ensure that you get the maximum amount of benefits you are eligible for.

5. Negotiating With the Insurance Company

Workers’ comp is administered through a workers’ compensation insurance company that your employer pays for. Simply filing a workers’ comp claim doesn’t guarantee that you’ll receive the benefit. Instead, you will have to deal with your employer’s workers’ comp insurance company.

The insurance company will either approve or deny your claim; Frankly, the insurance company will search for ways to deny your claim and will deny your claim if they see a valid reason to do so.  For example, if you are under the influence, if horseplay was involved, or if there is a lack of medical evidence supporting a work-related injury.

An attorney can handle all communication and negotiation with the insurance company, allowing you time to heal while maximizing both your probabilities of a successful claim and the overall recovery.

6. Negotiating a Settlement

Insurance companies often try to terminate benefits too soon or flat out deny proper benefits. One way around this is to negotiate a settlement that enables you to pay for your own care without going through the insurance company and their constant denials. Instead of ongoing benefits, the insurance company will pay you one lump sum. This is called a Compromise and Release. (C&R)

An attorney will help you determine what amount is adequate to cover your current and future expenses. They will also be able to negotiate with the insurance company on your behalf. Otherwise, the insurance company may not take your request for a settlement seriously or will try to offer a lowball settlement.

7. Appealing a Denial

There are situations where insurance companies deny your benefits. They may blame your illness or injury on something else or simply argue you don’t meet your burden to collect benefits.

The insurance company will have a team of lawyers to represent them if you appeal their denial, so don’t try to take them on without legal representation. Your attorney has the resources and experience to negotiate with them and plead your denial.

Hire a Workers’ Compensation attorney Today 

If you were injured at work, you need a workers’ compensation attorney to ensure that you get the benefits you are entitled to. Injuries and illness at work can be costly in medical costs, lost wages, and inability to return to work.

Fair workers’ compensation will pay your medical bills and other expenses. If you are looking for an attorney, contact us today to schedule a consultation. Our attorneys specialize in workers’ comp cases, employment law, and personal injury cases.