The process of filing a workers' compensation claim may seem easy on paper, but in reality, that's far from the truth. As mentioned before, insurance companies often put up strong fights and will do everything within their powers to avoid compensating victims of such injuries.
Insurance companies may deny such claims citing various reasons, such as:
- the injury didn't occur on the job;
- the employee committed fraud or misrepresented the injury;
- the employee had a pre-existing condition;
- paperwork delay;
- discrepancies between the accident report and medical records;
- the claim was filed when you were laid off or fired;
- unwitnessed injuries.
This is where the importance of working with a workers' compensation attorney comes in. Given that workers' compensation cases are complex and that insurance companies are difficult to deal with, a workers' compensation attorney can help you with:
Insufficient evidence is one of the most common reasons for workers' compensation claims denial. Insurers will want to establish that, indeed, the injury occurred at the workplace and that you were treated for the same. For this reason, an attorney can help you collect sufficient evidence to prove your case.
However, not every attorney you meet out there or online suits your case. One important thing you need to know about the process of collecting evidence is that it requires a lot of time and resources, the two things many attorneys fail to provide.
The truth is, some attorneys don't have time for your case. They'll jump from one case to another prematurely, and that's not the kind of legal representation you deserve. There have been countless cases of clients complaining that their attorneys no longer pick up their phone calls or respond to their emails. Similarly, if you work with an attorney or law firm that lacks sufficient resources to fight for your rights, chances are they'll settle for less than what you deserve just to close the case.
But that's not something you need to worry about when you contact Morgan & Morgan, the largest personal injury law firm in the United States. We have a team of over 800 attorneys specializing in different fields of personal injury, including workers' compensation. For this reason, you won't have to worry about working with an attorney or law firm that doesn't understand how important this case is to you. And given that we're the largest injury firm in the country, we have unrivaled legal infrastructure to fight for your rights.
Our attorneys will do everything it takes to ensure you recover the compensation you need and deserve. You can count on us when you need an experienced workers' compensation attorney who can:
- gather the necessary medical records to prove your injury;
- arrange or recommend treatment after the injury;
- obtain medical opinions through an independent medical exam;
- represent you during deposition;
- conduct depositions of medical experts;
- Collect expert testimonies, including statements from friends, family members, colleagues, etc.
Calculating the Settlement Amount
Based on their experience handling workers' compensation claims, such attorneys can also help calculate what you're entitled to as compensation. For example, many employers only consider their medical expenses when calculating the settlement amount; an experienced attorney considers more than just that.
The exact amount you're entitled to as compensation will depend on multiple factors. Examples include:
- the extent of the injury;
- the limitations in what you can do due to the injury;
- your past, current, and future medical expenses caused by the injury;
- disabilities caused by the injury;
- loss of wages;
- penalties for late payments.
While workers' compensation settlements are usually approved by a judge, it's still important to work with an attorney. You shouldn't expect the judge to fight for your interests, from first to last; that's the job description of an attorney.
Negotiating the Settlement
Having collected sufficient evidence, the workers' compensation attorney will present it to the defendant's insurer or attorney. But there's always the possibility that they won't approve the claim. If that happens, a workers' compensation attorney can take the case to an administrative hearing or before a workers' compensation judge.
During this process, the attorney will be in charge of various complex legal processes involved, such as:
- taking depositions of witnesses;
- requesting medical records;
- performing legal research;
- writing your petitions, motions, and responses, otherwise known as pleadings and;
- filing paperwork on time.
The attorney will also make opening and closing arguments on your behalf, examine witnesses, raise objections, and even file an appeal if your claim is dismissed.
Providing Expert Legal Advice
You may never truly understand how much you're entitled to as compensation unless you talk to an experienced attorney. Such an attorney will evaluate different aspects of your case, including third-party claims and other potential benefits.
For instance, when you get injured at work, it's common knowledge that you may file a workers' compensation claim with your employer's insurer. But did you know that you could file other claims against a third party who also caused the injury due to negligence?
For example, if you got injured while operating faulty equipment, you can file a separate claim against the manufacturer of the equipment that caused the injury. This is the kind of information you'll have access to when you consult a workers' compensation attorney.
To sum up, you need to contact a workers comp attorney if:
- you don't have sufficient evidence to support your claim;
- your employer disputes your claim;
- your claim has been denied, and you need to file an appeal;
- you have a high-value claim or;
- you've suffered serious, long-term injuries.
At Morgan & Morgan, our workers' comp attorneys are always ready to review your claim at no cost to you. If you or your loved one has been injured at work due to your employer's negligence, our lawyers can help you get the compensation you need and deserve. Call us anytime at 877 582 9041 or send us a message online to schedule a free, no-obligation case evaluation.