Workers Compensation and Why You Should Have A Lawyer

 

Workers’ compensation in its basic form is a government initiative program which provides benefits to workers who are victims of work place accidents or work-related illness. It is in essence a disability insurance, which offers benefits and incentives such as cash, healthcare, or both this benefits to workers who are victims of injury or illness as a direct result of performing their job.

Typically, in the U.S, workers' compensation is the primary job of the individual states and as such, the required benefits vary greatly state by state. Currently, Texas is the only state that allows employers to not maintain a workers' compensation insurance.

In this article we will be discussing workers compensation and why you should have a lawyer.

You need to understand what exactly is a worker’s compensation before we go further so let us oblige you; Workers’ compensation is a form of insurance coverage maintained by your employer which pays benefits to workers who are injured in the line of doing their job or become disabled in the process of doing same.

When an employee accepts his workers compensation benefits, the employee waives his right to sue his employer for work related damages. The compensation may include payment of medical bills in case of injury or illness, or partial salary repayment. Read on to get more information on this.

Kindly note; Workers’ compensation is not the same as unemployment benefits or disability insurance.

Understanding Workers' Compensation

As we try to better under just what is Workers' compensation and why you should have a lawyer, workers comp as it is commonly called includes benefits such as partial salary payment for the time during which the employee is unable to work. The benefits may also include reimbursement for healthcare services and occupational therapy.

A larger number of workers' compensation programs are paid for by private insurers, from premiums paid by the individual employers. Every state has its own Workers' Compensation Board, a government run agency that monitors the program and intervenes in cases of disputes.

Federal workers' usually have compensation programs that cover federal employees, longshore and harbor workers, and energy employees. We have a federal program, called the Black Lung Program which handles death and disability benefits for coal miners and their dependents.

Various states have different requirements for workers' compensation and some don’t even offer coverage for certain employees. Some states, for example, exclude small businesses from their mandatory coverages. Others have different requirements for various industries.

The National Federation of Independent Businesses (NFIB) hold a record of each state's worker compensation requirement.

 

 Workers' Compensation And Why You Should Have A Lawyer

After taking the time to explain what workers compensation is all about, read on to find out why you should have a lawyer despite the benefits offered by your employer.

If your injuries are clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.

Not every person will need a lawyer after all if you have a straightforward claim that is not being disputed by your employer or its insurance company, you can probably handle your own claim. However, it is not always so clear cut and simple. You will learn that a lot of workers can benefit greatly from hiring a workers' compensation lawyer.

In those few cases where an employee needs a lawyer, such as suffering an injury at work the employee can make a claim outside of workers' compensation, and a personal injury lawyer would be appropriate.

 For example, if you were injured as a result of your employer's negligent act, a maritime cre member or railroad staff, you can usually sue your employer in court for a workplace injury.

 

Why You Should Have A Lawyer

No one knows tomorrow, a small accident at work could lead to a long-term disability, impacting your quality of life. At this one, if you are facing challenges taking care of yourself, consider filing a claim through a lawyer!

You don’t need to go through this process alone. Instead, consider hiring worker’s compensation lawyers for your case. With the help of a lawyer, you will be better served and get the compensation you deserve.

We have discussed about workers compensation and why you should have a lawyer, let us go further by giving you seven (7) reasons why you should have a lawyer. This will teach you the difference having an attorney on your side can make with this helpful guide.

Whenever you have a dispute with your insurance company, you should consider hiring a lawyer to represent you. You will need to gather a lot of evidence to help you proof your case against the insurance company's position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses all of which require legal knowledge and skill.

The following Seven (7) reasons are some examples of why you should have a lawyer:

·  Denied Claims

Insurance companies can deny workers' compensation claims for a variety of reasons. In some instances, the insurance company might claim that your injury is not work related and therefore will not cover or that you filed your claim too late.

With the help of a lawyer, you can appeal your claim denial through the workers' compensation system. While different states have different requirements, the appeal process generally requires you to file formal paperwork, gather evidence within the legal framework, and present your case at a hearing.

· To Dispute Your Permanent Disability Rating

Majority of workers compensation settlements and awards are for permanent disability benefits. Your benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating given by your personal treating doctor, you might to mandated by your insurance company to appear for an independent medical examination (IME) with a doctor of its choosing.

The IME doctor will very likely try to lower the disability rating, which the insurance company will use to justify paying you less in benefits. With the help of a lawyer, you can get a fair settlement or convince a judge that you deserve higher ratings and therefore benefits.

· You're Having Trouble Getting the Treatment You Need

If your disability involves extensive medical treatments, such as surgery your insurance might be reluctant to take on the coverage. A lawyer can put pressure on the insurance company to approve coverage for the necessary medical treatments in a timely manner.

· Experience And Guidance To File Your Claim Correctly

Filing a worker’s compensation claim for the first time can be confusing. Failing to take the proper steps could weaken your claim. For example, you need to receive medical attention right away to make your case.

Technicalities which you are not aware of could prevent you from receiving the compensation you deserve.  A workers compensation lawyer can help you decide which steps you need to take in order to correctly file your claim. Otherwise, you might miss an essential step that could hurt your case.

 You need a competent worker’s compensation attorney to ensure you file your paperwork correctly and in a timely fashion.

If there’s an issue, they’ll help you determine the best course of action moving forward.

Insight Into Other Benefits

A lawyer might discover other benefits which you qualify for and not even realize it. A worker’s comp lawyer can help you explore other benefits, such as Social Security or disability benefits that last into the future.

A lawyer will help maximize amount of compensation you deserve after you’ve sustained an injury on the job.

CONCLUSION 

Workers compensation is a very important aspect of an employee’s life. It is basically a disability insurance against any work place related illness or injury providing cash benefits, healthcare benefits etc. If you have any of the related issues or are currently fighting for your workers compensation, kindly go through this guide on workers compensation and why you should have a lawyer today!