As discussed below, there are so many ways an overexertion injury attorney can help if you get injured in the workplace.
Evaluating the Case to Determine Liability
Before filing a workers' compensation claim, an attorney will evaluate your case to determine two key factors:
- whether you have a valid case against your employer; and
- whether more than one party may be responsible for your injury.
If determined that you have a valid claim, your attorney will identify the parties responsible for your injuries and the roles they played.
Investigating the Claim
The overexertion injury attorney will also investigate the claim and build a strong case against your employer. This is because the insurance provider will not approve the claim without evidence.
One thing you need to know about these claims is that some may hurt your employer's finances. This is because your employer pays insurance premiums to the workers' compensation insurance agency just like you would with your car insurance provider. As a result, when an employee files a claim with their employer's insurer, the employer will likely suffer repercussions, such as increased premiums, because the insurer assumes that their client's workplace is unsafe for employees.
For this reason, rogue employers will try to downplay their employee's injuries. Some may even destroy evidence to free themselves from liability. In some cases, rogue employers may retaliate against employees who file workers' compensation claims. The role of an attorney is to ensure that these claims are properly investigated.
With proper investigation, the insurance company or your employer will have a tougher time challenging the claim. In fact, in most cases, when you hire an experienced overexertion attorney from Morgan and Morgan, most insurance providers or employers will not attempt to dispute the claim. This is because, at Morgan and Morgan, we have the kind of resources needed to conduct thorough investigations into such injuries, leaving no stone unturned.
Providing Crucial Legal Advice
Given that overexertion injuries vary from one individual to another, there is no one-fits-all approach to these claims. For this reason, an attorney can provide the best legal advice customized to your circumstances. For instance, there are times when it may be necessary to file a claim right away. Other times, you may need to wait a little bit longer to file the claim. An attorney will help create the best possible legal strategy to pursue your claim, keeping your best interests at heart.
The attorney will also help you understand your rights and what you can and cannot do throughout the claims process. Many workers fail to win their claims when they make certain mistakes along the way. Such mistakes can always be avoided by consulting an experienced attorney who understands how these claims work. These attorneys know what could hurt or strengthen your claim.
Filing Complex Paperwork on Your Behalf
Workers' compensation claims usually involve complex paperwork. That is the last thing you want to deal with when recuperating from your injuries. Besides, filling out the wrong paperwork or the right paperwork incorrectly could jeopardize the entire claim. And as mentioned before, these are some of the loopholes insurance companies watch out for, hoping to find a reason to deny or undervalue your claim. As a result, you need to stay on top of things.
But realistically, you may not know every workers' compensation law of your state. Bear in mind that these laws vary from state to state. Also, each workers' compensation claim is different. An experienced attorney will fill out the most crucial paperwork on your behalf, limiting the chances of denial.
Many workers only claim medical expenses when filing a workers' compensation claim. You would be surprised to discover that you may be able to recover more than your medical expenses when you get injured in the workplace. An experienced attorney can help maximize your claim, ensuring you receive the compensation you need and deserve.
For instance, besides medical expenses, you may be able to recover the following:
- Lost wages
- Disability payments if you suffered temporary or permanent disability
- Travel expenses for the trips you took to and from the doctor
- Vocational rehabilitation, covering assistance in finding another job if your injury prevents you from working your previous job
- Death benefits and funeral expenses the injury victim died as a result of the injury - this compensation is usually sent to the immediate family member of the eligible victim