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Employees can suffer emotional and physical injuries due to their work. Employers ensure employees have workers' compensation insurance to cover employees' lost wages and medical bills due to injuries sustained at a workplace. However, in some situations, getting compensation benefits after an injury involves complex procedures and disputes, hence the need for help from an attorney.
When Should You Hire A Workers' Compensation Attorney?
You should hire a workers' compensation attorney if you find yourself in the following scenarios.
1. Lack of Legal Knowledge on How Workers' Compensation Works
One problem that employees face is little or no information on how workers' compensation works and the procedures to follow when filing a claim. This makes them vulnerable to employers and insurance companies. The employer can take advantage and deny the employee's claim or offer less money in compensation.
Additionally, it is also possible for an employee to make a wrong claim. For instance, you can claim temporary disability in a situation where you need to file for permanent disability. With legal knowledge and experience in workers' compensation cases, an attorney will help you with the compensation claim.
They will advise on the types of compensation claim you should make for your injury, help with filling and follow-up procedures, and negotiate a fair deal for you.
2. If Your Employer Denies Your Claim
When filling a workers' compensation claim, your employer may deny the claim because such claims attract a lot of money in settlements that they are unwilling to pay. Employers will give reasons such as your injury was unwitnessed, was not work-related, or you filed a claim after you were fired, thus your claim is a malicious attempt to scam their money through a personal injury claim.
Dealing with an employer who has decided to deny your claim is an uphill task. If you find yourself in such a situation, you should seek the services of a workers' compensation lawyer. They will help you make a formal appeal for denial, help prepare sufficient evidence, and represent you at the claim's hearing.
3. Negotiate for a Fair Settlement
Sometimes, the employer's insurance acknowledges your claim and offers a settlement. In some situations, your best option is to accept the settlement offer because court hearings can take time, and you are not guaranteed a win on the case or to be awarded amounts in compensation. However, you should not just sign any settlement offer before evaluating whether you are getting what you deserve.
Insurance companies often offer less compensation because they know you are in desperate need of money due to your loss of income. An attorney will help you analyze the settlement offer and give you advice on whether you are getting a good deal or not. They will also help you negotiate for a better offer and ensure the settlement covers all the medical and loss of wage expenses.
4. When Making Third-Party Liability Claims
When making a workers' compensation claim, you have to prove that the injury took place while working. However, you may suffer injury when working, but the injuries may be due to the actions of a third party. For example, you may get involved in a motor vehicle accident when transporting your company products, but a third party caused the accident.
When offering workers’ compensation benefits, insurance companies do not cover liabilities by third parties. You should seek the help of an attorney when suing a third party. An attorney will help you get more damages from a third party in addition to what the workers' compensation benefit offers.
Hire an Attorney Today
Hiring a workers' compensation attorney helps you understand how the compensation process works, negotiate higher settlement offers, and protect you from exploitation. Are you in Southeastern North Carolina? ConsultThe Law Offices of James B. Gillespie, Jr., PLLC, to help you follow up on your workers' compensation benefits.