Even the most cautious employees are susceptible to workplace injuries at any time. The majority of businesses in Georgia, fortunately, are required to hold workers’ compensation insurance to pay for medical costs, salary benefits, and other costs. However, you might wonder if you need to hire a lawyer to defend you in your workers’ compensation claim if you get hurt at work. Is it actually worth it?
In many situations, hiring a workers’ compensation attorney is in your best advantage. There are several factors to consider, including as the seriousness of your injuries, the conduct of your employer and their insurance provider, and the particulars of your case. Consider some of the factors that make hiring a workers’ compensation lawyer your best choice before filing a claim.
Worker’s compensation claims are distinct from personal injury claims.
In personal injury cases, you must file a claim with the insurance company of the party who was at fault. When it comes to workers’ compensation, things are different. To begin with, no-fault workers’ compensation benefits are paid out regardless of how the injury occurred. Therefore, you are eligible for workers’ compensation benefits if you have an injury at work.
Second, court hearings for workers’ compensation cases are infrequent. At least 90% of cases are resolved outside of court. The purpose of the workers’ compensation claim procedure was to keep injured workers out of court and to find solutions as quickly as possible. As a result, it could be challenging to find support if your claim is consistently denied or runs into problems.
Although it is not necessary to hire a Stockton work injury lawyer, you should do so if you are having trouble getting a just settlement. Employing a knowledgeable workers’ compensation lawyer can significantly increase your chances of persuading the insurance provider or your employer of your situation and obtaining the settlement you are entitled to.
Why You Should Hire a Lawyer to Handle Your Workers’ Compensation Claim
Despite the fact that there are some circumstances in which you might not require a lawyer, those are the exceptions. When a skilled lawyer is on their side, most injured workers do much better. Following your injury, you should speak with a professional attorney as soon as you can for the reasons listed below.
Your claim has either been rejected outright or isn’t being taken seriously
In the unlikely event that their employees contest the denial of their workers’ compensation claims, employers and their insurance carriers are more likely than you might think to do so.
Unfortunately, a lot of employees are either too afraid or uncertain of how to properly appeal a refusal. This is quite bad because hiring a workers’ compensation lawyer can really make a difference.
You’re being pushed to start working again too soon.
You should definitely speak with a lawyer if you think the doctor you see is trying to convince you that you’re ready to go back to work when you know you still need to recover or if you feel compelled by the insurance to do so. Even if you are unable to work, you are still entitled to benefits.
Workers’ compensation is not likely to pay for your visits to a physician not on our list. The drawback is that your insurance provider might use this to restrict your access to medical care.
You are unable to work as much as you formerly did
According to OCGA 34-9-220, you are entitled to weekly income benefits if a work injury prevents you from working for at least seven days. Two-thirds of your prior average weekly earnings is used to pay for these.
Even if you are able to find employment again, your injuries can prevent you from performing several types of jobs. In some cases, your injuries can prevent you from working at all. Whether you are totally or partially incapacitated, you are entitled to income benefits under workers’ compensation. However, due to their high cost, these benefits are typically resisted by insurance companies.
A workers’ compensation attorney can help you defend yourself against rapacious insurance companies looking for ways to withhold all of your benefits. No matter how expensive they get, you have the right to receive the benefits to which you are legally entitled under Georgia’s workers’ compensation laws.
Your manager is trying to get you fired
Some businesses will look for ways to retaliate against an employee who makes a workers’ compensation claim. Even if your job is “at-will” in the US, your employer cannot let you go or cut back on your hours solely because you made a claim.
In order to protect your rights, you need get in touch with a skilled workers’ compensation lawyer right away.
You were negligently acting or a third party caused your damage
You might need to take legal action against a third party if their negligence led to your workplace harm.
You can have a personal injury case in addition to the workers’ compensation claim, which frequently requires the help of a lawyer. Unlike workers’ compensation, you can seek reimbursement for the harm the other party caused in a personal injury claim.
If your employer committed substantial misconduct in relation to your injuries, you might also have a case. To discuss the issues and your options, get in touch with a workers’ compensation attorney.
The insurance provider tries to lower your benefits
Insurance companies prefer to settle claims for the least amount feasible. As a result, they regularly look for ways to quickly limit or terminate your benefits. You should select a workers’ compensation attorney only for this reason. They can make sure your rights are upheld throughout the entire process.
Social Security could make your situation more challenging
You should retain a workers’ compensation attorney if you anticipate applying for Social Security disability benefits. Your Social Security benefits may be lessened if you receive workers’ compensation.
There are ways to prevent this with the aid of our lawyers. We can design your settlement agreement so that the effect of your workers’ compensation award on your SSD benefits is as minimal as possible.
Workers’ compensation and pre-existing conditions
You will need a lawyer’s help if you suffer harm at a location where there is already an existing problem. Particularly if it’s a repetitive stress injury, the insurance company will battle tooth and nail to show that your injuries were brought on by something other than your employment.
For instance, the insurance provider can try to attribute your suffering to the earlier break if you previously fractured your wrist and later had carpal tunnel syndrome. It is a wise choice to get legal counsel to help you establish that your damage was not caused by a pre-existing condition.