We all deserve the right to feel safe and secure in our respective workplaces. Unfortunately, however, the reality is that workplace injuries do happen and happen with surprising frequency.
In these situations, employees should be able to rely on their employer’s legally required worker’s compensation insurance to help cover their injuries and the cost of their care. No matter what state in the U.S. you live in, there is a law in place that ensures employers have this insurance in place.
In most cases, there will be no need for injured workers to call an attorney. However, if the employee has issues getting the compensation he or she deserves, it’s time to seek the help of an worker’s compensation attorney.
In what situations is seeking this kind of help from an attorney necessary? Read on and we’ll walk you through what you need to know.
1. When Your Compensation Claim is Denied
In most worker’s compensation cases, an employee will fill out the proper paperwork with their employer and submit these documents to the insurance company. In many cases, as long as the injury at hand is clearly work-related, getting rightful compensation shouldn’t be all too difficult.
However, there are some instances where an insurance company might deny the claim of an employer. Claims are rejected and denied by insurance companies for a variety of reasons.
The most common reason is that an insurance company will claim that a reported injury was not work-related. They may claim that the actions that led to the injury took place outside of the bounds of the worker’s responsibilities.
It’s for this reason that accidents on the commute to work are not covered under worker’s compensation policies.
If you think that your claim is being wrongfully denied by an insurance company, you might want to turn to a worker’s compensation attorney for help. You and your attorney can appeal the denial through the worker’s compensation system.
The way this process works varies depending on where you are located. Generally, you will approach the appeals process in the same way you might a lawsuit, filing paperwork, gathering evidence, and presenting your case.
This is why an attorney’s assistance be especially helpful.
2. Your Employer is Preventing You From Filing
If you’ve been injured on the job, it is absolutely essential that you are able to file for worker’s compensation insurance. You have the right as an employee to do so.
In some cases, employers may attempt to prevent their employees from filing via their insurance. This is often because they are nervous about their rates going up as a result of the claim going through.
An employer might try to talk an employee out of reporting or downright deny their request for worker’s compensation paperwork. They might threaten a person’s position of employment or implicate that filing could harm their reputation in the workplace.
All of these actions are strictly prohibited by state and federal law. If an employee feels as if their attempts to file for compensation are being blocked, they should certainly seek the help of an attorney to make things right.
3. You Have a Pre-Existing Condition
One reason you might run into getting proper compensation from a worker’s compensation insurance company? If you have a pre-existing condition involving the body part that you injured in the workplace.
In this scenario, you might have a very serious battle with the insurance company to come. They might blame the reality of your injury on your pre-existing condition as opposed to the actions that took place in the workplace.
This can be especially difficult to get around if the injury in question was caused by repetitive actions at work overtime as opposed to a single incident (like a slip or fall). An insurance company might even outright deny your request in this scenario.
Hiring an attorney might be your only hope to receive the compensation that you truly deserve. It’s important in this scenario to hire an attorney who has experience fighting for those with pre-existing conditions.
4. You Develop Symptoms Over Time
Another reason that worker’s compensation claims are sometimes denied? Time. Insurance companies often deny claims that they say have taken too long to be submitted.
Insurance companies do this because they believe that an injury might have been caused in the time between the reported accident and the report itself. They might also believe that the failure to seek medical treatment right away might have made the injury worse.
You might find yourself in a situation where you realize you’ve been injured at work but not immediately. Some injuries develop over time or don’t reveal their symptoms and signs for a number of days.
In these situations, you might have an uphill battle getting the compensation you deserve from a skeptical insurance company. Hiring an attorney with experience fighting for workers can help your case immensely.
An attorney will know how to gather evidence that can help make your case to a team of insurance company attorneys. They’ll know how to prove that your injury was legitimate and how it wasn’t worsened by your lack of immediate medical care.
Hiring A Worker’s Compensation Attorney
Injuries occur all too frequently in the workplace. If you’ve been injured and are facing any of the above situations, you should seriously look into hiring a worker’s compensation attorney. Doing so can help to ensure you get the compensation you deserve.
Need help with your case right away? Give us a call anytime for a free consultation.
