Most companies are required to hold a workers' compensation policy to protect their employees in the event of an injury or illness. While this should mean you have no problems with filling a claim and getting benefits for your work-related injury, it doesn't always work out that way. Here are some different situations that call for you to have a lawyer help you with your workers' compensation case.
Your First Claim Was Denied
If you file a claim for workers'' compensation insurance and it gets denied by your employer or the insurance company, you will likely be given a document that allows you to file an appeal. Before you prepare for the appeal, get a lawyer that specializes in these types of cases. They will help look over the paper to figure out why it was denied, then get the right documentation and fill out the appeal information. This is really your best chance for having the appeal approved.
The Cause of Injury Is Suspect
This doesn't mean you are lying about your injuries, but that it might be something that is hard to prove. It is simple enough to prove that there was a leak on the floor and you slipped and fell, especially if it was something another employee witnessed. However, when it is a repetitive motion injury, like carpal tunnel syndrome, you not only have to prove that you got it from work, but that you didn't have the problem before starting there. This can get a little more complicated, but a lawyer can help you word it in the right way.
You Can't Perform Your Regular Job Duties
When an injury is so severe that it affects your ability to perform regular duties each day, it can make your workers' compensation case more complicated. Not only are you asking to have your medical expenses covered, but you also want lost income coverage while you are out of work. Even if your company can find you another job to perform, the salary might be different. In this case, it is a good idea to get a lawyer so that when you apply, you get the amount of benefits you deserve.
Even if none of these are true for you, there is nothing wrong with consulting a workers' compensation attorney when applying. They don't have to help with paperwork, but at the very least can give you some legal advice.Share
3 August 2016
I love all of those quirky laws that are still on the law book. It's a little hobby of mine to track down some of those laws and try and work out if there was a story behind how they got on the books. I've been doing it for 14 years and have accumulated a lot of material that I have researched. I thought it would be fun to start a blog with some of these stories to share with other people who like to know a little more about law and about history. I hope you enjoy my site.