When Is It Time To Get A Workers Comp Lawyer?
Corbin Sutter
Workers’ Compensation
For many people working in Englewood or Venice, if an accident happens, ethical and professional employers are there to help with workers’ compensation that allows the injury victim to cover both the costs of medical treatment and any missed salary that might arise from during treatment and recovery. Most employees injured through no fault of their own tend to have a smooth, trouble-free process for getting their claims reviewed and approved.But there are occasions when the process doesn’t conclude as intended, and getting the workers comp owed is no longer a certainty. That doesn’t mean that the injury victim must accept the financial expense, but it may be time to talk to a legal expert to take more steps toward resolving the problem. Here’s when you should probably be talking to a workers comp lawyer about your situation.
There Are Pre-existing Conditions
This can be a potentially prickly situation. If you have a pre-existing condition, and the injury occurs in an area where the pre-existing condition is, there may be some room for doubt about whether an injury was really incurred on the job or was just a natural consequence of the pre-existing condition itself, and therefore may not have happened at work at all, thus absolving the workplace of any obligation.
Someone already diagnosed with severe repetitive strain injury, for example, may have that condition worsen while on the job, but it could also be argued that it was the pre-existing condition worsening on its own. It may take an investigation and some work on the part of a lawyer to prove this, present the findings, and untangle the worker’s comp coverage.
The Disability Rating Is Disputed
Workers comp is often issued for accident victims who suffer from a disability due to the injury sustained. After an evaluation, the disability is rated, and workers comp is paid out based on that rating of the disability. However, in some cases, an insurance company may disagree with the rating that a doctor assigns to a disability and assign a lower rating for less money instead.
In this case, workers comp isn’t being outright denied, but the accident victim is getting less than what is legally and professionally owed. A workers comp lawyer, a second diagnosis from an independent medical examiner, and other steps can be taken to restore the disability rating to its true status.
You’ve Got A Hearing Scheduled
If you’ve already put the wheels in motion for challenging the terms of a claim because they are unsatisfactory, then the next step will be participating in a hearing. The hearing will be evaluated by experienced state workers’ comp officials, with arguments presented by both you and the insurance company that may be disputing the claims. In other words, most of the people there will be intimately familiar with workers comp laws and regulations.
Having a workers comp lawyer to assist and attend a hearing means having your own workers comp expert in your corner, instead of studying these complex regulations on your own.
Your Claim Was Denied
Of course, if you put in a claim for workers comp that you know is legitimate, and either your employer or the insurance company your employer uses refuses the claim, you should challenge it. This will mean navigating the complex minefield of workers comp regulations and personal injury law. However, if you’re in the Fort Meyers, Sarasota, or Port Charlotte region of Florida, and you've been hurt at work but find that your workers' compensation is running into complications, we can help. Talk to one of our experienced workers' comp attorneys, and we will help you get what you deserve.