Workers’ compensation attorney: understanding the process and when to hire an attorney
If you are injured on the job, you are traditionally covered by workers’ compensation insurance. However, there are a few things you need to do to make sure your insurance plan pays for medical bills instead of paying them out of pocket. In some cases, you may need to enlist the help of a workers’ compensation attorney, who specializes in these types of procedures.
Understanding the process
To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while you are at work during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be related to your job performance.
In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be presented in a timely manner. These injuries are difficult to prove simply with an X-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspicious. So employees have a harder time getting the company to take care of medical bills.
To increase your chances of approval, you don’t want to wait to file a claim. However, filing an advance return does not guarantee that you will be approved for compensation. If denied, you can appeal the decision and this is where a qualified workers’ compensation attorney is your best ally.
Meeting with your lawyer
When you meet with your attorney, you should explain the circumstances of your injury. Explain all the steps you took to document the injury. You should also tell them how soon you applied and provided copies of all documentation.
At this time, it will give you information about your options. It may end up in court, or there could be a negotiation set up between you and the company’s insurance company. Your attorney will accompany you during any of the proceedings.
Some employers do not have the recommended insurance to help cover the costs of workplace injuries. If this is the case, your workers’ compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury. There are times when this can go to court and end with a lawsuit for a settlement. The whole process is different as formal documentation may not be presented to your employer.
Workers’ compensation attorneys can also help you if you’ve been fired due to an injury. Workplace injuries cannot be the reason for termination and you can sue for wrongful termination. While you will most likely get your job back, you can receive compensation for lost wages until you can get a new job.
Because laws vary from state to state, it is in your best interest to contact a workers’ compensation attorney before submitting any documentation to ensure it is completed correctly. This helps ensure that the insurance reimbursement request is approved and avoids a lengthy legal process.