When You Should Consider A Workers Compensation Attorney
Workers compensation is a form of insurance that provides for employees when they are injured on the job under certain circumstances . In order for an injury to be suitable under a worker compensation claim it must generally meet a two-prong obligation. First the injury must have occurred at the place of employment and secondly the injury must be related to the work performed. An injury that occurs during an employees break or lunch period for example would not qualify since by the very nature of the timing the employee would have been off the clock and not performing a job related task.
If the first two prongs have been met the employee may still have a difficult time having their claim approved if the injury is the result of a cumulative action such as carpal tunnel condition or a lumbar back injury. These injuries can be harder to wholly prove based on a medical exam or x-rays and even harder to establish that they are the result of a workplace occupational injury.
In addition, employees who suffer from these snowballing injuries may not file a workers compensation claim in a timely manner and their injuries may be considered “suspect” and denied.
Since there are so many variants that can come into play with workers compensation claims it is necessary to understand how workers compensation works and when it is important to hire a workers compensation attorney to represent you and your claim. The most important step is to file your claim as soon as the injury occurs. The longer you wait to file, the more likely your claim will be red flagged as a potential fake claim. Be prepared to have your employer contest your claim. It comes down to money and the more claims an employer has filed against them the more money it will in the end cost them.
The insurance carrier will decide originally to either deny or approve your claim. If your claim is denied by the carrier, you will be able to appeal to the board or industrial commission. If they also deny the claim, you can take the claim to court for resolution. At any point in the process you can hire an legal representative, but generally you will want an attorney if you are seriously injured or your compensation claim amount is not correct.
Your compensation generally should cover your misplaced wages up to a certain percentage as well as your medical expenses. If you feel you are not receiving the correct compensation or your medical coverage is denied, you may need an attorney to help correct the situation.
Finally if your employer retaliates or fires you for filing a workers compensation claim against them you will need an attorney to help you fight for your claim as well as your illegal firing.