Many types of jobs involve inherent risks. Construction crews often work at great heights and with heavy machinery. Truck drivers spend long hours on the road, and often do a lot of unloading and loading. But even for a seemingly harmless desk job, you might get injured on a work trip or even on a broken chair.
If you’re injured on the job, you’re likely entitled to workers’ compensation to cover your medical expenses and lost wages. That compensation isn’t always easy to secure, however. A workers comp lawyer is your ally in getting the benefits you deserve. Talbot & Kesling, a part of Capital Injury Law, offers experienced guidance and legal assistance through the workers’ compensation process.
What to Do After a Workplace Injury
First thing’s first: what should you do if you’re injured at work? What you do here is essential to getting your rightful compensation later.
After an injury, get to safety and seek medical care. Even if you think the injury is minor, always err on the side of caution–some injuries don’t fully show themselves at first, and medical records are crucial for a workers’ compensation claim. Once your health and safety are taken care of, the next step is to report the incident to your employer as soon as possible, ideally within 24 hours. They should give you paperwork for a workers’ compensation claim, which you will fill out and then they will submit to their insurance company.
Understanding Workers Compensation
Workers’ compensation is a type of insurance that most employers are required to have. It provides financial benefits to injured employees while also protecting employers from lawsuits. The idea of workers’ comp is that you get the compensation you deserve for a workplace injury, and in return, you usually cannot sue your employer for that injury.
Every state has its own workers’ compensation system, though they all work similarly. Almost all employers are required to have workers’ compensation insurance, but they can get it from various insurance companies. Your claim will go to one of these insurance companies, who then approve or deny the claim.
Is a Workers Comp Lawyer Necessary?
You don’t need a lawyer to file a workers’ compensation claim. Sometimes, the process is straightforward, and it’s fairly simple to get the benefits you deserve. However, there are many instances where a workers comp lawyer is invaluable. When complications arise or your claim gets denied, it’s our job to get you back on track.
A workers comp lawyer increases your odds of a successful claim and helps you navigate challenges and obstacles. With a lawyer, you’re also more likely to receive higher compensation.
How a Lawyer Can Help
Your attorney can help with every aspect of your case. If you’ve just been injured and aren’t sure what to do, we can offer advice and walk you through the entire process. If you’ve already submitted a claim but the insurance company requires more evidence you’re not sure how to get, or they’re offering less compensation than you need, we can help you gather the right documentation for a stronger claim. We can also negotiate with the insurance company to make sure you’re getting a fair offer. Finally, if your claim has been unfairly denied, we’ll help you fight for the compensation you deserve.
A workers comp lawyer is also essential if your injury was caused by someone’s negligence. For example, your employer might have knowingly skipped safety precautions that led to your injury, or maybe you were hit in a company vehicle by a drunk driver. In these cases, you may be able to pursue a personal injury lawsuit against the person who was at fault. As a part of Capital Injury Law, Talbot & Kesling can help you navigate this complicated situation.
When to Hire a Workers Comp Lawyer for Your Claim
If your injury is fairly minor, the circumstances are straightforward, and neither your employer nor their insurance company is giving you push-back, you can probably handle the claim yourself. But when obstacles arise or you’re facing a serious injury, it’s worth hiring a lawyer to make sure your claim succeeds.
Claim Complexity
Many circumstances might make your claim more complicated. If you injured your back at work, but you had a pre-existing back injury, it may be difficult to prove the new injury. If the injury is from repeated stress, that can also be difficult to prove.
Someone else being involved or at fault for the injury is another potential complication. You might be entitled to compensation from that person for their negligence. Moreover, the workers’ comp insurance company might try to use that person’s fault as a reason to deny your claim.
Injury Severity
When your workplace injury is serious or has lasting effects, it’s best to hire a lawyer. A lifelong injury or disability isn’t something to take a risk on–you need to make sure you have adequate benefits for your medical care and lost income. A workers comp lawyer knows how to build a strong case and maximize your compensation.
A severe injury that leads to long-term or permanent disability might also qualify you for other benefits, such as Social Security Disability Insurance. A lawyer can help you determine the best path to the insurance you need.
Claim Denial
A workers comp denial isn’t the end of the road. We can help you appeal the denial and strengthen your claim. It’s not uncommon for a claim to be denied for insufficient documentation or small errors–which a lawyer can help you avoid.
You might also face resistance or retaliation from your employer or the insurance company. It is illegal for an employer to retaliate against an employee for trying to file workers’ compensation, but sometimes it happens. A workers comp lawyer can help you navigate this situation and will tirelessly defend your rights.
Consult a Workers Compensation Lawyer Today
If you’re unsure whether you need a workers comp lawyer or what the next steps are, it never hurts to schedule a free consultation. We’ll discuss your situation, helping you determine the best course of action. Contact Talbot & Kesling today to learn more about workers’ compensation and how we can help.