Legal Representation is Important When You’re Hurt at Work
Posted May 25th, 2017 by Anthony Carbone, PC.
Categories: Workers Compensation.
You took a nasty fall while you were at work. Your boss tells you not to worry. The company will take care of your medical bills. In fact, your employer even arranges transportation to the local health clinic. You are also assured that you will receive money for lost time. So, with all these promises, why do you need legal representation?
First of all, if you were injured at work you are due workers’ compensation benefits. Plain and simple. The law requires your employer to carry compensation insurance. And, if the company does not have it, you absolutely need a lawyer. Take a look at the article we wrote about uninsured employers for more information.
In the meantime, let’s take a look at some reasons you could benefit from an experienced workers’ compensation attorney even if your company offers you benefits.
Workers’ Compensation Benefits
First and foremost, you should realize that seeking legal representation for a work-related accident is not out of the norm. Nor, should it get you fired. Additionally, there is no cost to meet with an attorney, and any legal fees are deducted from the award when the matter concludes.
Next, the purpose of legal representation is to ensure you receive all the benefits due to you. Your employer, through its insurance company, is entitled to select your medical provider. However, if you do not believe that your treatment plan is working, you may be concerned.
An experienced workers’ compensation attorney can help you find alternative treatment and collaborate with the insurance company to secure it. If necessary, a motion may also be made to the court seeking treatment.
Additionally, there is the issue of lost wages. Sometimes insurance companies err in the payment amount, which should be based on your average earnings over the last twenty-six weeks before your accident. Understandably, this is difficult for claimants to assess and fix on their own.
Lastly, your injuries could mean that you are entitled to some portion of permanent disability. This does not necessarily imply you will never work again. However, in many cases, the workers’ compensation carrier will not make a voluntary offer for partial permanent disability.
Denial of Claim
If you were hurt at work, there are a number of explanations that the insurance adjuster may offer in denying your claim. However, that doesn’t automatically mean you should be turned down. Here are some typical reasons that can be challenged by an attorney:
- You were a 1099 employee or independent contractor
- You were employed by a subcontractor
- You were not in the course of your employment at the time of the accident
- You were intoxicated
- You were involved in horseplay or a fight at work
- You are faking the accident
- You did not file your claim on time
- You have injuries that are not related to your employment
- You intentionally caused your own injuries
- You were coming into work at the time of the accident
By and large, we have covered many of the justifications used to deny workers’ compensation claims. However, there can be more. Notwithstanding, your legal representative can help determine the legitimacy of the denial and fight it.
Your Work Injury Was Someone Else’s Fault
If you haven’t heard the term “third party claim,” you can read about it here. If someone else’s negligence caused your injuries, you might have a separate type of lawsuit. At any rate, the workers’ compensation carrier will be happy if you go after someone else. It means they gain back a portion of the benefits paid out to you.
All things considered, it is advisable to retain an experienced personal injury attorney in this situation. The two claims can then be worked in conjunction with one another.
At the Law Offices of Anthony Carbone, we have almost thirty years of experienced advising injured workers. to see how we can assist you.