Friday, October 28, 2016

Workers' Compensation Attorney: Understanding the Process and When to Hire a Lawyer

If you get hurt at work, you are traditionally covered by workers' compensation insurance. There are, however, some things that you have to do to ensure that the medical bills are paid by your insurance plan instead of out of your pocket. In some cases, you may need to enlist the help of a workers' compensation attorney, who specializes in these types of proceedings.

Understanding the Process

To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while on the job during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be something that is related to your job performance.

In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be filed in a timely manner. These injuries are hard to prove just based on an x-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspect. Employees then have a harder time getting the company to take care of any medical bills.

In order to increase your chances of approval, you do not want to wait to file a claim. Filing early, however, does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers' compensation attorney is your best ally.

Meeting with your lawyer

When you meet with your lawyer you need to explain the circumstances of your injury. Explain all the steps that you took to have the injury documented. You should also tell them how soon you filed and provided copies of all documentation.

At this time, he or she will give you information on your options. You may end up in court or there could be a negotiation set up between you and the business's insurance company. Your lawyer will be with you for any of the proceedings.

Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury.

There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.

Workers' compensation attorneys can also help if you have been fired due to an injury. Workplace injuries cannot be the reason for being let go and you can sue for wrongful termination. While you most likely get your job back, you can be compensated for lost wages until such time as you can obtain a new job.

Because laws vary from state to state it may be in your best interest to contact a workers' compensation attorney before you submit any paperwork to ensure that it is correctly completed. This helps ensure that the application for insurance reimbursement is approved and avoids a long legal proceeding.

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