Compensation Attorney

If you recently sustained some injuries in a workplace accident, there is a chance that you may not know what to do next. And, if these injuries left you unable to work, either permanently or temporarily, then you need to consult a workers Comp Lawyer in Greensboro, NC so that you can have someone to protect your rights. This also gives you the best position of receiving the compensation that you deserve. 

In most cases, some people think that they don’t need to hire a lawyer because their employer will have their back. Unfortunately, this is not always the case. Therefore, if you are not sure whether or not you should get a lawyer after a workplace injury, it makes sense just to consult them to figure out the best way forward. This article is a guide to help you to hire a worker’s compensation attorney. 

Types of work-related injuries

If you want to get workers’ compensation benefits, then you need to show that the illness or injuries are work-related. Quite often, this can happen when you are performing some tasks that would benefit your employer.  

It’s worth mentioning that most injuries that can occur when you were at lunch break may not be considered work-related. For instance, you can seek workers’ compensation for injuring your ankle while walking to a restaurant to pick up your lunch. You can only receive the workers’ compensation benefits if you also intended to pick up the lunch box for your employer.

If you sustained injuries while having lunch at your business premises, such as in the employee lunchroom or cafeteria, then the injury can be regarded as work-related. It cannot be covered if you were performing unauthorized tasks during the lunch break.

Many companies tend to sponsor special events, such as baseball games, picnics, or parties. Injuries that happen at these events are often considered work-related. However, some states make exceptions if an employer was not expecting the staff member to take part in the off-duty event.  

Workers’ compensation usually doesn’t apply to injuries that you can sustain while commuting to and from work. But there are a couple of exceptions. This includes driving a company car, the need to take your vehicle for business use, traveling on a business trip, doing specific tasks for your employer, and many more.

Today, many employees are working from home. No wonder, many people are aware of the workers’ compensation eligibility for injuries they sustain at home. You should note that the eligibility can depend on the state law and the facts of your case. 

In most cases, if you sustain injuries while working from home and it was work-related, then you can receive workers’ compensation. For instance, if you fall down when you are walking to your home office, then you may be eligible for workers’ compensation.

And, if you sustain injuries while not following a workplace safety rule, workers’ compensation may still cover your injuries. But this can depend on where you live or the level of misconduct. You should remember that an employee doesn’t have the right to sue the employer for injuries they sustained while working regardless of fault.

But there are also some exceptions to this rule. Workers’ compensation often doesn’t cover injuries that you sustain because you were using illegal drugs or drunk. Also, several states don’t consider workers’ compensation coverage when trying to hurt yourself or someone else, fooling around, committing a serious crime, or breaking a workplace rule purposefully.  

Workers’ compensation can also cover some cumulative injuries that were developed over time like stress injuries or repetitive strain. It can also cover occupational diseases and other illnesses due to on-the-job exposure or psychological or physical illnesses due to workplace stress. In these cases, it can be hard to prove that the illness or injury is work-related. The rules can also vary depending on the state you live in, especially when it comes to emotional and stress-related illnesses. 

When you should decide to consult an attorney

If your illness or injury falls into a category of workers’ compensation coverage, then it is a good idea to contact a lawyer to determine whether or not you are eligible for workers’ compensation benefits. A reputable workers’ compensation attorney can explain to you how the laws in your state apply to your specific situation. 

Remember that even if it appears clear that the injuries you sustained are work-related and the employer needs to be liable for them, it’s still common for many companies to refuse legitimate workers’ compensation claims. In most cases, an employer can look for reasons to refuse to pay a workers’ compensation claim because they hope that you will not attempt to appeal the decision. And, this strategy of denying paying workers’ compensation benefits often works because many people whose claims are denied don’t attempt to appeal it. 

As a result, this makes it necessary that you should not give up, especially if you think that your employer wrongfully denied your worker’s compensation case. Instead, it’s crucial that you consult a workers’ compensation lawyer right away to help you start the appeal process. This can give you a great chance of recovering the settlement that you deserve. It can be a complicated process to appeal a workers’ compensation decision, so you need to have a lawyer on your side so that you can enhance your chance of a successful appeal.

Unfortunately, when you decide to file a worker’s compensation claim, the employer can sometimes treat you differently or even retaliate against you. This can happen even when you were not at fault for the workplace accident. This is the reason why you should always contact a lawyer right away to make sure that your rights are protected.

And, depending on the circumstances involving the workplace accident, the employer cannot be the only party liable for injuries you sustained. This is because an individual or third party can also be at fault. For example, if the injuries you sustained were due to a defective piece of machinery or equipment failure, you can also sue the manufacturer for damages. If there is a chance that a third party can share responsibility for the injuries, you should work with a lawyer who can assist you to determine the best options to take and the best way you can proceed with your case. 

No doubt, getting injured in a workplace accident may leave you stressed and even uncertain about your future. Therefore, you must consult a workers’ compensation lawyer following an accident. The good thing is that a good lawyer can support you during this difficult time and make sure that your needs are met.

The tasks your worker’s compensation attorney can do for you

If you are an employee who sustained a work-related illness or injury, you can be eligible for workers’ compensation benefits. As explained early, some insurance companies or employers deliberately deny worker’s compensation claims regardless of whether or not they are legitimate. This can leave you to face a complicated appeals process. At this point, most injured employees tend to give up, but others try their best to figure out how to proceed on their own. 

You should remember that the attorneys and claims adjusters working for the insurers are not there to protect your interest, so they may not hesitate to deny your legitimate claim for dubious reasons. Thankfully, you can find a worker’s compensation lawyer who can level the playing field. 

Hiring a reputable worker’s compensation lawyer can give you a great chance of receiving benefits. A lawyer can deal with the worker’s compensation insurance company on your behalf, collect evidence to support the claim, negotiate a fair settlement, and even represent you at the hearing.

Take note that insufficient evidence is usually the most common reason why worker’s compensation is denied. And, even if they approve your claim, there is a good chance that you can get the medical treatment you need and other benefits you deserve when there is strong evidence to support your case. 

A lawyer can assist to develop the medical evidence by collecting medical records, recommending or arranging treatment with specific doctors, getting medical opinions from your doctors and recommending an independent medical examination, and representing you once they request you to appear at a deposition. Also, they can conduct depositions of medical experts. 

It’s worth noting that there are various other types of evidence that can enhance your worker’s compensation case. This includes testimonies from vocational experts about the physical requirements of your job, statements from your family members and friends about your everyday activities, and evidence showing the history of your employer when it comes to lack of training or poor workplace safety. You need to have a good worker’s compensation lawyer who can understand the strengths and weaknesses of the case and the evidence they need to provide to optimize the chances of a successful outcome.

When it comes to negotiating with the insurance company of your employer, a worker’s compensation lawyer tends to have an advantage because they can estimate the amount of money you deserve to receive for your injuries. This includes the number of benefits you can get depending on various factors. 

These factors can include the extent of the injuries and limitations you are experiencing, your past medical expenses and the cost of medical treatment you may require in the future, the lasting impairments and the extent of the permanent disability, and whether the employer owes you money for the previous temporary disability benefits and any penalties for late payments, and your previous wages. 

A lawyer also understands the negotiating tactics and tricks that insurance companies use, such as bogus final offers and lowball offers. With few exceptions, a worker’s compensation lawyer can engage in more productive negotiations with an insurance company than when you act alone. 

Even better, your lawyer can make sure that the settlement agreement is correctly written to prevent negative consequences over time. For example, if you are applying or receiving Social Security disability benefits, then an incorrectly designed settlement agreement can cost you tons of cash each month in benefits because of the worker’s compensation offset. 

A lawyer can also assist you to have a reasonable estimate of future medical expenses to make sure that the settlement agreement may take this into account. It’s true that judges need to approve workers’ compensation settlements, but it can be hard for a judge to protect all your interests properly. This is why an attorney is required in settlement negotiations. 

If you cannot reach a settlement, then your case can proceed to an administrative hearing or even trial which happens before a worker’s compensation judge. And, during the investigative or discovery process, your lawyer can take some depositions of witnesses, do legal research, request your medical records, write your pleadings, and ensure that they submit everything timely. At the hearing, your attorney can present what is called a theory of the case to the judge, meaning your attorney can present why you should receive benefits. A lawyer can also make an opening and closing argument, examine a witness, and raise objections if the insurer does something improper. Besides these, if you are not pleased with the outcome of the hearing, your lawyer can also assist you to appeal the decision.

As explained above, besides a worker’s compensation claim, you can also file personal injury claims against third parties, meaning someone else rather than your employer, whose negligence contributed to or caused your injuries. Manufacturers of faulty products and drivers are usually targets of third-party lawsuits. The good thing is that personal injury claims tend to be more valuable than workers’ compensation claims because they can include loss of potential earnings and pain and suffering. In such cases, you need an attorney to advise you about your eligibility for other benefits, such as vocational rehabilitation help, long-term disability insurance benefits, wage reimbursements, Social Security disability, and state short-term disability. As you can see, there are various benefits that you can get when you sustain injuries while working, but you need to secure a good attorney to represent you.