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Workers’ compensation provides medical care, lost wages, and a lot of other benefits to injured employees on the job. The system aims to provide compensation without litigation, but it is not flawless as challenges do arise from time to time.
Workers’ compensation attorneys are a valuable ally when dealing with these challenges. That’s because they protect injured workers’ rights and guide them through the complex law claim processes.
With that said, in this article, we’ll get to know what worker compensation attorneys are. At the same time, we’ll get to know what they do and the benefits they provide.
Worker Compensation: An Overview
Workers’ compensation insurance provides for the cost of an employee’s medical care. It also offers rehabilitation for injured workers. It also provides death benefits for dependents if the employee gets killed in a work-related accident. This no-fault system removes the need to prove employer negligence. Therefore, employees receive guaranteed benefits in exchange for not filing a lawsuit against the employer.
That aside, workers’ compensation also doubles as a safety net. It provides support for injured employees and provides consistency in compensation. Since complex statutes govern this system, it’s best to have a legal expert navigate through them. For instance, seeking out the help of a workers compensation attorney in Los Angeles can provide you with apt assistance.
The Roles of Workers’ Compensation Attorneys
The Workers’ Compensation attorney fills a multitude of critical roles. These are not limited to the following listed below:
1. Filing for Claims
The attorneys provide assistance to injured workers in filing a claim for compensation if they do obtain injuries while on duty.
2. Provides Legal Advice
A workers’ compensation attorney also offers legal counsel to injured workers. They explain the complexities of their rights, the potential benefits, and the claims process.
3. Compiling of Medical Evidence
The attorney also has the role of compiling all medical evidence. They’ll present the said evidence to support the worker’s claim for compensation.
4. Negotiation for Fair Settlements
The workers’ compensation attorney also negotiates with employers and insurance companies. The objective here is to secure their client’s fair settlements and compensations due to their injuries at work.
5. Benefit Maximization
The attorney also does their job in ensuring that their clients get the maximum benefits available to them. These benefits aren’t limited to medical care, wage replacement, and rehabilitation. The injured worker could end up reaping more benefits if possible.
6. Keeps Tabs on the Latest Regulations
Every lawyer has to ensure that they’re posted on the latest labor and compensation laws. That way, these attorneys can ensure an accurate and effective presentation when appealing for a claim.
7. Litigation, if necessary
The workers’ compensation attorney also does litigation if negotiation fails. They’ll represent the client in court with the objective of advocating the injured worker’s rights.
The Compensation Process: From Injury to Settlement
Now that we know some of the roles that a workers’ compensation attorney fulfills, let’s move to the next section. This section will cover the compensation process from start to finish. For those who aren’t versed in this complex procedure, this has been summarized in a much more digestible form.
With that said, here are the steps that cover the compensation process:
1. Reporting the Injury
The first step in filing for compensation is to report the injury. The worker must immediately notify their employer about their injury as per company policy.
2. Filing a Claim
The second step involves the worker filing for a claim that requests benefits or compensation due to injuries. It’s best that you have a workers’ compensation lawyer with you for this step to ensure a smooth filing of the claim.
3. Investigation of the Client’s Condition
The workers’ compensation insurer will start investigating the injury circumstances. From that point, they can also determine the amount of compensation that their client can receive.
4. Acceptance or Denial?
There are two possible outcomes once the filed claim reaches step four. If the evidence compiled doesn’t seem to add up, the filed claim could be denied. Therefore, a legal recourse becomes necessary. If accepted though, benefit payments will commence based on the laws of the region or state.
5. Appeal and Settlement
Step five of this intricate process involves the attorney challenging denials through administrative hearings. If not, they can negotiate instead with an insurance company that can cover the benefits of the worker.
6. Client Receives Ongoing Benefits
The final step is where the client finally reaps all the benefits. The employee will receive medical and wage loss benefits as long as their disability or medical condition persists.
Challenges Faced by Injured Workers During the Claim Process
Obtaining workers’ compensation can be a daunting task for an employee. In this section, we’ll cover some of the challenges that they can face in the process. At the same time, we’ll present how attorneys can help alleviate these issues.
1. Claim Denials
The grounds for denying claims can be due to evidence being lacking or injuries being deemed as pre-existing or unrelated to work. What happens here is that the attorneys will provide compensation for their clients.
2. Lessened or Reduced Earnings
Sometimes, the injury prevents the worker from returning to their previous post at work. To alleviate that problem, attorneys seek retraining benefits. They also look up wage loss differentiation payments for their client.
3. Issues Linked to Medical Care
In this scenario, insurers might end up denying treatment authorization. How attorneys can resolve this is through obtaining the needed care to be approved.
4. Preventing any Intimidation Attempts
Sometimes, there are employers who pressure their employees to not file for workers’ compensation. A workers’ compensation attorney can step in, intervene, and stop the employer’s harassment.
5. Delays Caused by Bureaucracy
Maneuvering through the bureaucratic system can be a pain for an injured worker. However, you can leave bureaucratic matters to the hands of your workers’ compensation attorney.
FAQs
1. Can I sue my Employer Directly if I’m Injured at Work?
The short answer is no. That’s because workers’ compensation tradeoffs include guaranteed benefits. The exchange is that you waive the right to sue. However, the attorney will ensure that receive the best compensation possible within the system.
2. What do I need to do if my Workers’ Compensation Claim is Denied?
Consult a workers’ compensation lawyer right away after your claim is denied. They can appeal for denied claims and provide evidence. If that’s not enough, they can represent you in court hearings so you can receive the apt benefits for your recovery.
3. What’s the Payment Method for a Workers’ Compensation Attorney?
They tend to work on a contingency fee that’s taken from any settlement or award achieved for you. You don’t need to pay anything upfront for their services.
Maximize your Injury Benefits with a Workers’ Compensation Attorney
Workers’ compensation is the protection that injured workers need so much. However, realizing your rights under this intricate system can be daunting without proper legal representation. Fortunately, workers’ compensation attorneys are ready to help you out. They’ll level the playing field by using their expertise to secure your medical care and other benefits.
With an advocate on your side, you can focus more on healing and recovering so you can return to work. Leave the bureaucratic matters in their hands as they are more than happy to ensure that you get the maximum worker benefits.
