If you are injured on the job, it would seem like it would be easy to get workers' compensation benefits. The truth is, it's not always as straight forward as making a claim and getting paid. There could be challenges to your claim made by your employer, and there may be difficulty in getting the information you need to support your claim. There are important parts of going through the workers' compensation application process that an attorney can help with.
Understanding Whether or Not Your Case Qualifies
There are some things that may prevent you from getting workers' compensation benefits. When you hire a workers' compensation attorney, they will sit down in a consultation with you and go over each element of your claim to see if it legally qualifies. Once it's determined you have a legitimate claim, your attorney can help you fill out all of the application information.
One of the most common reasons people get rejected for workers' compensation benefits is due to improperly filling out the application or not including pertinent information to get approval. This can cause a lot of headaches for the applicant, including having to reapply. A lawyer will also help you avoid making a claim if your case does not qualify, which could lead to legal issues or getting fired from your job.
Filing an Appeal After a Rejected Claim
A workers' compensation attorney can also deal with rejected claims. Before reapplying for benefits after a denial of your claim, a good lawyer will evaluate whether or not there was proper support for your claims from a legal standpoint. Your lawyer may interview witnesses from your work who were there when you were injured as well as have a doctor evaluate any injuries you have that weren't properly examined originally. Gathering more evidence will help you win an appeal of a rejection claim.
Fighting Your Claim in Court
While it doesn't happen too often, you may have to take your claim to court. If you were injured on the job at no fault of your own, and you have still not been approved of workers' compensation for an unjust reason, your lawyer can take the case before a judge. You may have to file a lawsuit first. Filing a lawsuit can be a great way to finally get the benefits you need. Most workers' compensation lawyers work on a contingency contract for you, so you won't be paying from your own funds for legal fees. Your lawyer will wait to get paid if your case is settled or won in court.
Injuries on the job can wreck your life. A bad injury makes it hard to work and make a living. It is worth it to have good legal representation in these matters to ensure that you are treated fairly and get your claim approved.
For further information, reach out to a local workers' compensation attorney.Share