Filing a workers’ compensation claim might seem like it should be a simple process. After all, you’ve been injured and you should get compensated.
Unfortunately, it’s not always that easy. While the system exists to compensate injured workers, it was created first and foremost to alleviate the burden on the court system. In other words, workers’ compensation isn’t truly on your side and the adjusters will do everything possible to protect their profits. That means lowballing settlement offers and sometimes denying valid claims, hoping people will just give up.
Even though it’s not a lawsuit, you need a workers’ compensation attorney to get the full value of your claim. Not only will a lawyer negotiate a higher settlement on your behalf, but they’ll know how to value your claim so you can get what you deserve.
Here are the biggest benefits of hiring a lawyer to handle your workers’ compensation claim.
1. You might not realize your injury qualifies for a claim
There are several situations that most people don’t know can qualify for workers’ compensation:
· Illnesses. Certain illnesses can qualify for workers’ comp, like lead poisoning, mesothelioma, and other illnesses linked to employer negligence.
· Third-party claims. If someone affiliated with your employer caused your injury, you might be able to file a third-party compensation claim.
· Repetitive motion injuries. Injuries like carpal tunnel and arthritis from repeatedly using a body part can qualify for a claim.
· Injuries sustained while working from home. As long as you’re an employee and not an independent contractor, injuries sustained at home can qualify for workers’ compensation.
If you’ve been injured or have become ill on the job, but aren’t sure if your situation qualifies for compensation because it’s not a traditional injury, contact a lawyer right away.
2. Workers’ compensation is full of legal jargon
Just because you aren’t filing a lawsuit in court doesn’t mean you won’t be faced with legal jargon. Even with workers’ comp claims, legal documents are often filled with complex terminology that mimics English, but has a different meaning. If you misinterpret this legal language, you might make a mistake that harms your claim. Lawyers speak legal jargon as a second language and will make sure everything is done properly.
3. A lawyer can help you maximize your payout
Simply filing a claim and hoping for the best payout isn’t a good strategy. While your initial offer might seem huge, it could be drastically lower than what your case is actually worth. A workers’ comp lawyer will assess every aspect of your illness or injury, including lost wages, to determine the true value of your claim. Once they know what your claim is worth, they’ll negotiate on your behalf to maximize your payout. Insurance companies always aim to minimize payouts. Without an attorney, you’re going to be offered limited compensation.
4. A lawyer can help you fight an unfair denial
If your claim gets denied unfairly, a lawyer will be able to spot the issue right away and will help you submit all the proper paperwork to fight it through an appeal. Since most people don’t involve a lawyer in their workers’ comp claims, the insurance companies try to get away with denying as many claims as possible. With a lawyer, they can’t get away with denying a valid claim.
5. You might need legal representation in a hearing
Sometimes workers’ comp claims proceed to a formal hearing, and professional legal representation is crucial. Attorneys know how to compile and present compelling evidence to support a workers’ comp claim, and can effectively question opposing witnesses to strengthen your claim.
6. A lawyer can support obtaining medical evidence
If needed, a lawyer can arrange for an impartial medical evaluation to support your case. Lawyers know what officials will be looking for in an impartial evaluation, so you won’t have to figure it out on your own.
7. A lawyer can help with employer retaliation
In addition to helping you get the best payout possible, an attorney can support you if your employer retaliates against you for filing a claim. For example, if you get demoted, disciplined, put on leave, or get a pay cut, a lawyer can identify forms of retaliation and address them professionally. A lawyer will also help you file a lawsuit if you have a case against your employer.
Secure your compensation with legal help
Working with a workers’ compensation attorney greatly increases your chance of receiving the compensation you deserve. Their legal expertise will make the process smooth while providing you with support and peace of mind.
