Have you been injured on the job? If so, you could be entitled to workers’ compensation benefits that will pay for your medical care, offset a portion of your lost wages, and pay you if you develop a long-term disability as the result of your injury. Workers’ comp can also pay to retrain you if you need to change careers and provide for your family if the injury proves fatal.
Most employers must provide workers’ comp insurance for the benefit of their employees. In an ideal world, this coverage would function as it’s intended to, providing a safety net to hardworking individuals who need it. Unfortunately, in the real world, it’s subject to the same profit motives as any insurance system. Workers’ comp insurers lose money when they accept claims, a cost they pass along to the employer who pays the premiums. As such, both these parties have a vested interest in denying or slow-walking claims whenever they can.
Fortunately, you don’t have to go up against these powerful interests on your own. An experienced workers’ compensation lawyer can stand up on your behalf, navigating the bureaucracy on your behalf and pushing back if your claim is denied.
Understanding Your Rights
Workers’ compensation covers eligible employees on their first day of work. It provides medical and wage-loss benefits to covered workers who become hurt on the job, develop an occupational disease, or exacerbate a pre-existing condition as a result of their job duties. Crucially, the coverage applies regardless of who is at fault for the injury or illness, except in very specific situations. Let’s explore these benefits in detail.
Available Medical Coverage
Workers’ comp medical benefits will pay for:
- Treatment provided by physicians and other healthcare providers, including chiropractors
- Necessary and reasonable surgeries
- Hospital treatment and related supplies and services
- Prescription medications and supplies
- Orthopedic appliances
Available Wage-Loss Benefits
In addition to full coverage of necessary medical care, workers’ comp will also pay to offset a portion of your lost wages. If you are unable to work in any capacity, you are entitled to total disability benefits, which pay two-thirds of your average weekly pre-injury wage, subject to a state-mandated cap. If you can perform some work in a limited capacity, partial disability benefits pay a portion of the difference between your pre- and post-injury wages. Total disability benefits can last indefinitely, although your disability status may be reviewed after 104 weeks. Partial disability benefits are capped at 500 weeks.
Key Indicators You Need a Workers’ Comp Lawyer
So, how do you know when it’s time to get in touch with a workers’ compensation attorney? It’s probably a good idea to do so if any of the following situations apply to you.
You’re Not Sure How to Proceed with Your Claim
The workers’ compensation system is confusing, especially if you’ve never been through it before. A workers’ compensation lawyer can serve as your guide through the process, from filing paperwork to appealing denials to negotiating a settlement. Without this help, you’re liable to make mistakes that could jeopardize your claim.
The Insurer Denies Your Claim
Far too many injured workers simply accept a claim denial and suffer the consequences. However, insurers do not always deny claims for legitimate reasons. The worker or the company may have made a mistake that should be addressed. In some instances, the insurer may even have violated the law. A workers’ compensation lawyer can explain the reasons for the denial, gather evidence to contest that denial and file an appeal to assert your rights.
The Insurer Delays Processing the Claim
Insurance companies are sometimes slow in processing claims, leaving injured workers without income and medical care. A workers’ compensation attorney can push for timely action, keeping the claim from falling through the cracks and helping you receive the benefits you need promptly.
Your Employer Claims the Accident Didn’t Happen at Work
Is your employer trying to say that the injury didn’t happen at work? This is a common tactic to get out of paying a claim. A workers’ compensation lawyer can gather witness statements, review workplace records, and build a case to prove the connection between your injury and your job.
You Have a Pre-Existing Condition
Having a pre-existing condition can complicate a workers’ compensation claim, as insurers may argue that your injury wasn’t work-related. A skilled lawyer can demonstrate how your job aggravated or worsened your condition, which is covered under state law.
Your Employer Retaliates Against You
Unscrupulous employers have been known to retaliate against employees who file workers’ compensation claims. They might demote the employee, harass them, or even fire them outright. If this happens to you, a workers’ compensation attorney can protect your rights under the law, taking legal action to hold your employer accountable and secure any additional compensation you may be entitled to because of their behavior.
How a Workers’ Compensation Lawyer Can Help
At the end of the day, the workers’ compensation system is a complicated one, and it’s best not to attempt to navigate it alone. Instead, consider getting help from a legal professional who’s seen countless cases like yours and has helped people in your shoes secure the benefits they deserve. An en experienced workers’ compensation attorney can:
- Investigate the cause of your injury or illness and gather supporting evidence proving that it was work-related
- File your initial paperwork accurately and within the time frame established by the law
- Communicate with your employer or their insurer on your behalf to address any issues that may arise during the claim
- Take a claim denial to the Workers’ Compensation Appeal Board to assert your rights to review
- Negotiate for a settlement at the conclusion of your claim
- Explore third-party claims that may entitle you to additional compensation outside the workers’ compensation system
Get Help From Workers’ Comp Lawyers at Ted A. Greve & Associates PA
Have you been injured on the job? Are you unsure of where to start with your workers’ compensation claim, facing a claim denial, or worried about navigating the system on your own? If so, get help from the team at Ted A. Greve & Associates PA. Let us help you assert your rights and pursue the benefits you’re entitled to under the law. Contact us today for a free case review with a workers’ compensation attorney, and let’s talk about your situation in detail.
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