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How a Lawyer Can Help in a Workers' Comp Case

Richard Clayton Oct 5, 2019
According to data released by the National Council on Compensation Insurance, motor vehicle accidents are the most costly lost-time claims by cause of injury, followed by burns, falls or slips.
No matter what the reason was for your injury or illness, if it was work-related, you might want to look into obtaining a workers compensation lawyer.
You may not need one if the incident was minor, such as twisted ankle or a tiny cut, you missed little or no work, and your employer agrees that it was related to your job. Of course, even in uncomplicated situation, it can help to contact an attorney.
Many offer free consultations and can give you a good idea of whether or not you can handle the case on your own. There are lots of situations in which a skilled attorney can be a big help - here's how.

Paperwork and Deadlines

A lawyer will make sure you have all the right forms and that they're filed before the required deadlines. They also understand the evidence that will be needed to support your case and will know how to negotiate effectively with the insurance company.

Claim Denials and Delays

While workers' comp laws once favored workers, today the insurance companies tend to have the upper hand, which means they may deny or delay a claim right from the start. Facing a complex system of appeals isn't easy, especially when you're injured or ill.
Having an attorney can make a significant difference in ensuring your case is handled fairly and that you get the benefits you deserve.

Gathering Strong Evidence

One of the common reasons claims in workers' comp cases are denied is insufficient medical evidence. Even if your claim is approved without a hassle, you'll have a chance of getting all the treatment and benefits like lost work time, if you have strong medical evidence supporting your case.
An experienced attorney can gather medical records, help arrange or recommend treatment with appropriate providers, obtain medical opinions from providers that treat you through an independent medical exam.
They may also arrange for a vocational expert to provide testimony about the physical requirements of your job and look for evidence that shows a history of lack of training and/or poor safety at your workplace.

Preventing Retaliation

Employers have been known to retaliate against employees who file workers' comp claims, but if you have an attorney at your side throughout the claims process they're much less likely to take that type of action.
The bottom line is as insurance companies have teams of highly skilled attorneys on their side, having an experienced workers' comp lawyer on your side can go a long way in getting a favorable decision.