When Is It Necessary To Hire A Worker’s Compensation Attorney?
When you get injured on the job through no fault of your own, your medical bills and lost wages are covered under your employer’s worker’s compensation insurance policy. All businesses, no matter how large or small or what state they are in, are required to carry worker’s compensation insurance. In most cases, worker’s comp claims are handled smoothly and without incident. However, there are some cases where having a worker’s comp attorney is a necessity.
When an accident occurs and you experience an injury, your employer has to report it to their insurance carrier. Assuming that the injury is minor, the employer reports the injury promptly and the insurance carrier pays the claim timely, there is no need to seek legal counsel. Your responsibility is to report to all of your doctor’s appointments as scheduled and follow their medical advice.
However, in the event that your employer seeks to retaliate against you for filing a worker’s compensation claim, it may be necessary to hire a worker’s compensation attorney. Retaliation can be present in several different forms including a withdrawal in the number of hours offered to you, using degrading or harsh language to communicate with you or treating you unfairly. Demotion and termination can also be deemed retaliation if it is carried out without cause. A worker’s comp attorney can investigate the situation and determine whether or not you have basis for a civil suit for retaliation.
In addition, if your worker’s comp claim has been denied by the insurer, you have the right to file an appeal. The appeal is not with the insurance company, it is filed with the Worker’s Compensation Appeals Board in your state. Before filing an appeal, it is important to hire an experienced worker’s compensation attorney. You only get one shot at the appeal and the process can be somewhat lengthy and complicated. In addition, an attorney can also act as an advocate for your case and determine whether or not a simple administrative error is responsible for your denial.
Incorrect Payment Amounts
Last but not least, having a worker’s compensation attorney is necessary in the event that you are not receiving the proper payments under your state’s worker’s compensation laws. Worker’s compensation is designed to pay your medical bills as well as lost wages while you are under the care of a doctor and deemed unable to work. There are specific levels that this policy is required to pay, which can vary from state to state. If you are not being paid properly, you will need an attorney to help you fight for your rights.
Worker’s compensation attorneys aren’t needed in every case. However, if you feel as though you aren’t being treated fairly or there are problems with your claim, having an experienced worker’s compensation attorney on your side can make all the difference when it comes to the outcome of your claim. It is important that the attorney you hire has experience in the state in which you are filing a claim. For example, if you are filing a claim in California, you won’t want to hire an Iowa workers compensation attorney, as the laws differ from state to state.