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How You Can Win Your Workers' Compensation Claim

websitebuilder • October 18, 2022

Insurance companies try to find loopholes to deny you workers' compensation privileges. Your employer might try to deny your claim using different strategies, such as the claim application deadline.

Most injured workers make simple but expensive mistakes during the claims process. If you're hurt at work, understand your legal responsibilities and rights. Here are a few tips on how to get the most out of your workers' compensation claim.

Report Your Injury

Failure to report your injury within the required time may make you ineligible for your compensation claim. Every state has its time span to report an injury. Notify your employer about the injuries for your claim to be officially initiated. You'll also access better medical care and proper accident investigation if you report your injuries immediately.

Seek Medical Treatment

The medical treatment promotes fast recovery and gives proof of injuries. Medical reports give details about your physical injuries and restrictions, which are useful when you file your claim.

Once you delay getting medical treatment, the insurance company will use the delay to its advantage. They may argue that the injury wasn't as serious as you claim. Some companies may argue that you were not even injured.

Change Medical Experts

Employees normally receive treatment from doctors provided by insurance companies. The medical experts hired by companies will likely have their best interests in mind. Avoid using the recommended doctor to prevent cases of conflict of interest.

If you do, medical experts might try to minimize your treatments or injuries to reduce the company's compensation. Change doctors to get proper treatment and the compensation you deserve for your injuries.

Gather Your Evidence

When you file a claim for workers' compensation, you will need to prove your employer was at fault for your injuries. You'll need medical records to prove a connection between your injuries or illnesses with your work duties. Medical bill receipts will also come in handy to show how much you spent on your treatment.

Maintain your accident report to help in proving that you made the report in good time. You can also bring witnesses if the documents are insufficient to file your claim successfully.

Understand the Compensation Benefits

Understand the available benefits through the workers' compensation system. You receive temporary disability benefits when you're away from work and recovering from your injuries.

The permanent disability benefits refer to your payment for long-lasting physical injury. Medical treatment compensation benefit is the common one that caters to your medical care for all your injuries.

Watch Out for Private Investigators and Surveillance

In case the insurance company questions your credibility, it might hire professionals to follow you around. Investigators will monitor you hoping to find you doing something that contradicts your claim. If they get anything against you, it will affect your compensation settlement. Outside doctor's offices are the most used sites for surveillance cameras.

They can also ask your neighbors or anyone else who may come to your property about your level of physical disability. While recuperating, always assume you're under surveillance and follow the doctor's instructions.

Hire a Workers' Compensation Attorney

If the insurance company voluntarily pays your claim, you might not need to work with an attorney. Hire a lawyer if the company denies or reduces your benefits, ignores your claim, or makes a settlement offer.

You might find navigating the workers' compensation system challenging and identifying when to accept a settlement. An experienced workers' compensation attorney will help negotiate a settlement, represent you at your hearing, and reignite your claim after denial.

Once injured at work, avoid taking up the workers' compensation journey on your own. At Spooner & Perkins, P.C, we offer a free initial consultation to discuss your options and legal rights. Contact us today for a free consultation.

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If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.