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WHEN YOU SHOULD CONSULT A WORKERS' COMPENSATION LAWYER

Admin • March 28, 2021

Car Accidents | Kansas City, MO | Spooner & Perkins, P.C.

You can process workers' compensation benefits without consulting a lawyer. However, legal consultation is advisable for complicated cases. A workers' compensation lawyer can help you preempt and deal with the complications, thereby maximizing your benefits. Below are some issues that trigger the need for a lawyer.

Employer Difficulties

An injured employee, their employer, and workers' compensation insurance all have duties to ensure the injured worker receives the benefits they deserve. For example, the employer should:

Provide emergency medical care immediately after a worker reports an injury
Complete an injury report for the injured worker
Report the injury to workers' compensation insurance
Comply with all requirements from workers' compensation insurance
Not retaliate against you for filing a workers' compensation claim

Most employers know and execute their duties, but some might not want to cooperate. Consult a lawyer if your employer is one of the difficult ones. The lawyer will know what to do to get you the compensation you deserve.

Claim Denial

You should also consult a lawyer if workers' compensation insurance has denied your claim. Maybe you didn't:

Follow the right procedures
File your application in time
Provide all the relevant documents
Prove the injury's connection to your work

The lawyer will evaluate your case plus the initial application and help you appeal. Say your employer's injury report wasn't accurate enough, and workers' compensation didn't see the work-injury connection. Your lawyer may spot where the problem is, iron out the difficulties, and help you get the benefits.

Insufficient Benefits

Workers' compensation benefits aren't arbitrary; the law determines the specific benefits each injured employee deserves. For example, depending on the nature of your injuries, you should get:

Reimbursement for medical treatment
Compensation for lost wages
Disability benefits
Vocational rehabilitation

State law also determines the value of these damages. In some cases, you might not get all the benefits you deserve, or you might not get the exact amount you should get. Consult a lawyer if you feel the calculation has given you fewer benefits than you deserve.

Permanent Disability

Two things mean you need a lawyer if you have suffered a permanent disability. First, compensation for permanent disabilities should be higher than compensation for cases without disabilities. The more potential benefits, the higher the stakes are should something go wrong. Thus, permanent disability requires you to err on the side of caution and hire a lawyer.

Secondly, the calculations for permanent disability benefits are not always straightforward. For example, the calculation of permanent disability benefits in Missouri involves:

The affected part of the body
The severity of the injury
Your average weekly pay

Average weekly pay and injured part of the body can be relatively easy to figure out. However, the severity of the injury is a common cause of dispute. A lawyer can help you prove your injury's severity.

Preexisting Conditions

Workers' compensation only compensates for work-related injuries. Workers' compensation has to determine which of your injuries stem from the latest accident and which ones are preexisting. This determination isn't always easy, and you can easily end up shortchanged. Using a lawyer from the beginning is a good way to preempt these difficulties,

Simultaneous Government Benefits

Lastly, you should also consider a lawyer if you are receiving or expecting government benefits. For example, Social Security Disability Benefits (SSDI) can affect your workers' compensation benefits. The effect arises because you shouldn't get double compensation for the same injury. Luckily, a lawyer can help you minimize this effect.

Spooner & Perkins P.C., Attorneys at Law, has been active in the workers' compensation industry for over 55 years. We understand the difficulties workers go through when pursuing workers' compensation benefits. Contact us for a consultation to help you recover your benefits as you focus on recovery.

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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.