An experienced attorney can assist victims of workplace injuries in obtaining their benefits. Here’s how a workers’ compensation lawyer can help you.
You have good reason to be concerned about the on-the-job injury that has left you in pain and out of work. Creditors are calling at frequent hours of the day and night. Because of your injury, you may never be able to return to your previous job. Even if you do, how will you pay all of your bills?
Unfortunately, many people will find themselves in this situation. However, this does not necessarily have to be the case. There is a way to get the money you need to pay your bills, get proper medical treatment, and move on from your workplace injury. How?
Hire an experienced Texas workers Compensation Lawyer. Hiring an attorney for your workers’ claim and doing it all by yourself can make a huge difference between being successful or losing out on benefits to which you may be entitled.
Why hire the best workers’ compensation attorney?
Reviving claim after denial
Some people believe that obtaining workers’ compensation will be simple. After all, they have a stellar work history; the co-workers witnessed the injury and the accident and even sought treatment from a reputable doctor. Despite these considerations, many of these people will face a harsh reality when their workers’ compensation claim is denied. Only then do they consider hiring a worker’s compensation lawyer.
A good lawyer can build a much stronger case for your compensation than you can. It is because they know the evidence that must be gathered to compel the insurance company to make a fair settlement offer.
For example, an attorney may know that it is best to schedule an appointment for you with specific physicians who have dealt with your type of injury in the past. They know that the doctors will provide detailed medical records admissible in court.
An attorney can also arrange for the recording of depositions of your doctors and other medical experts who may be required for the case.
Helping when the insurance company asserts that your injury is not compensable.
If your employer’s insurance company claims that your injury is not compensable, the insurance company attempts to argue that your injury does not meet your state’s workers’ compensation coverage requirements.
This may or may not be correct, but seeking legal counsel is the simplest way to understand your options moving forward. Because the term is ambiguous and leaves room for interpretation, this reasoning has a high risk of misapplying.
Working with a Workers Compensation Lawyer in Dallas will help you understand the nature of your injury as it relates to your state’s law.
Despite your employer’s insurance company’s claims, you may discover that you have several options for moving forward and pursuing compensation. A basic understanding of state statutes and the legal claim process can help paint a clearer picture of your situation.
Levelling the playing field to negotiate better with the insurance company
Dealing with the insurance company is one of the more challenging aspects of self-representation in a workers’ compensation case. While the insurance company’s lawyers have probably handled hundreds of cases, this is most likely your first. As a result, you may be unaware of some of the routine manoeuvres they may attempt.
However, an experienced workers’ compensation attorney will be aware. They will be well aware that when the insurance company announces that “this is the final offer, take it or leave it,” they are only trying to scare you into signing an agreement to receive fewer benefits than you are entitled to.
Good workers comp lawyers know what the law says you’re entitled to and how much you should get. They also recognize when the other side is bluffing and will not yield to pressure.
An experienced attorney will continue to work on your behalf until you have received every possible benefit under the law.
The insurance company claims you don’t have enough medical documentation.
Suppose the insurance company claims that you have insufficient supporting medical documentation, and you know that you have provided adequate documentation and paperwork. In that case, an attorney can advise you on how to contest the claim.
The insurance company for your employer has the right to review your medical history and any documentation directly related to medical treatment for your workplace injury. During the medical process, victims are asked to sign various releases and other forms, which are then sent to the insurance company for review.
Many insurers claim that they never receive this documentation, which is far more common than these companies would have workers’ compensation victims believe.
A workers’ compensation attorney can help you fight for proper recognition from your employer’s insurance company. If any paperwork is missing, they can also assist you in gathering and sending this documentation.
Improving your chances in court
Not every workers’ compensation case gets resolved in an office conference room, and some cases are heard in front of a judge. It can be costly, time-consuming, and difficult to manage for someone representing themselves. It can also be challenging to present the case in the best possible light.
After all, are you going to feel like chasing down witnesses, digging up medical records, or filing petitions and motions if you’re recovering from an illness or injury?
The insurance company’s attorneys will do everything they can to keep you buried under a mountain of legal paperwork. It is because they know your lack of legal knowledge will work in their favour. They are confident that you will make a mistake that will jeopardize your case at some point.
So why take that risk? Skilled workers comp lawyers can assist you in navigating the legal system and obtaining the settlement you deserve.
Hiring a Workers’ Compensation Lawyer Will Ensure That Your Agreement Is Properly Worded
Did you know that the language of your settlement agreement can have a negative impact on other payments you may be seeking, such as Social Security Disability Insurance (SSDI)?
In some states, for example, if you receive a certain amount of workers’ compensation, you will receive a lower SSDI payment. This reduction is known as an offset, and it takes effect if the monthly total of your workers’ compensation and SSDI is greater than 80% of your salary.
There are, however, legal ways to maximize your benefits. Furthermore, if you represent yourself, you may be unable to avoid the traps set by the insurance company’s lawyers to reduce your payments.
A good workers’ compensation attorney can ensure that your agreement does not include any hidden clauses that could cost you money.
If you receive a lump-sum payment, your lawyer can specify in the agreement that it is a lifetime payment. That is, they can arrange for your lump sum payment to be viewed by authorities as a monthly payment spread out over the remainder of your life. This configuration can eliminate or significantly reduce the offset effect.
However, even with this arrangement, you would still receive your workers’ compensation as a lump sum. This technique is reason enough to retain the services of an experienced workers’ compensation attorney to handle your claim.
Hiring a Workers’ Compensation Attorney Can Assist You with Related Legal Issues
At times, a workers’ compensation case can be extremely complicated. For example, suppose you were injured on the job and were seeking workers’ compensation when you discovered that someone else, or a company other than your employer, may have contributed to or caused your on-the-job injury.
In addition to workers’ compensation, you may now have a third-party negligence claim entitlement.
Your workers’ compensation attorney can advise you
on proceeding against the other person or entity. They would also most likely be able to handle both cases concurrently and explain how one might affect the other.
Your lawyer is the best person to talk to about the process to maximize your recovery. Your lawyer can advise you on any additional compensation you may be eligible for, such as SSDI and short or long-term disability insurance income.
We’ve covered seven of the most important advantages of hiring a workers’ compensation attorney, but there are many more.
Regardless, hiring an experienced Workers Compensation Lawyers will provide you with an immediate ally who will patiently listen to your story. They will also explain each step of the journey, calm your nerves if you are worried about the outcome, and celebrate with you when you reach your goal together.
Don’t try to take on the insurance company’s lawyers on your own. Bring along an experienced legal professional. Hire a workers’ compensation lawyer right away on thetexasattorney.com