Employees can suffer emotional and physical injuries due to
their work. Employers ensure employees have workers' compensation insurance to
cover employees' lost wages and medical bills due to injuries sustained at a
workplace. However, in some situations, getting compensation benefits after an
injury involves complex procedures and disputes, hence the need for help from
an attorney.
When Should You Hire A Workers' Compensation
Attorney?
You should hire a workers' compensation attorney if you
find yourself in the following scenarios.
1. Lack of Legal Knowledge on How Workers' Compensation
Works
One problem that employees face is little or no information
on how workers' compensation works and the procedures to follow when filing a
claim. This makes them vulnerable to employers and insurance companies. The
employer can take advantage and deny the employee's claim or offer less money
in compensation.
Additionally, it is also possible for an employee to make a
wrong claim. For instance, you can claim temporary disability in a situation
where you need to file for permanent disability. With legal knowledge and
experience in workers' compensation cases, an attorney will help you with the
compensation claim.
They will advise on the types of compensation claim you should
make for your injury, help with filling and follow-up procedures, and negotiate
a fair deal for you.
2. If Your Employer Denies Your Claim
When filling a workers' compensation claim, your employer
may deny the claim because such claims attract a lot of money in settlements
that they are unwilling to pay. Employers will give reasons such as your injury
was unwitnessed, was not work-related, or you filed a claim after you were
fired, thus your claim is a malicious attempt to scam their money through a personal
injury claim.
Dealing with an employer who has decided to deny your claim
is an uphill task. If you find yourself in such a situation, you should seek
the services of a workers' compensation lawyer. They will help you make a
formal appeal for denial, help prepare sufficient evidence, and represent you
at the claim's hearing.
3. Negotiate for a Fair Settlement
Sometimes, the employer's insurance acknowledges your claim
and offers a settlement. In some situations, your best option is to accept the
settlement offer because court hearings can take time, and you are not
guaranteed a win on the case or to be awarded amounts in compensation. However,
you should not just sign any settlement offer before evaluating whether you are
getting what you deserve.
Insurance companies often offer less compensation because
they know you are in desperate need of money due to your loss of income. An
attorney will help you analyze the settlement offer and give you advice on
whether you are getting a good deal or not. They will also help you negotiate
for a better offer and ensure the settlement covers all the medical and loss of
wage expenses.
4. When Making Third-Party Liability Claims
When making a workers' compensation claim, you have to
prove that the injury took place while working. However, you may suffer injury
when working, but the injuries may be due to the actions of a third party. For
example, you may get involved in a motor vehicle accident when transporting
your company products, but a third party caused the accident.
When offering workers’ compensation benefits, insurance
companies do not cover liabilities by third parties. You should seek the help
of an attorney when suing a third party. An attorney will help you get more
damages from a third party in addition to what the workers' compensation
benefit offers.
Hire an Attorney Today
Hiring a workers' compensation attorney helps you
understand how the compensation process works, negotiate higher settlement
offers, and protect you from exploitation. Are you in Southeastern North
Carolina? ConsultThe Law Offices of
James B. Gillespie, Jr., PLLC, to help you follow up on your
workers' compensation benefits.
