If you’re an employee who has suffered a work-related injury or illness, then you may be entitled to workers’ compensation benefits to cover your expenses. Unfortunately, legitimate workers’ compensation claims are routinely denied by either their employers or insurance carriers, often resulting in a workers’ comp lawsuit.  At this point, many applicants would simply give up, while others may try their best to navigate the system by themselves.

Here are five things a workers’ comp lawyer can do that you probably can’t do alone:

  1. Advise you on whether your case will qualify for a worker’s compensation claim. Not all injuries are able to be covered under worker’s compensation. A worker’s compensation attorney can help advise you on the likelihood that your injury will be covered by the employer’s insurance company.
  2. Make sure that your claim has been filed properly. Claims can involve multiple sets of claim forms and the laws in your state may have specific requirements that must be met, but an experienced workers’ compensation attorney can ensure your claim gets filed promptly and correctly.
  3. File a lawsuit, and represent you in court, if necessary.  If your workers’ compensation claim is denied, you may be able to file a lawsuit. Our attorneys will be able to assist you throughout the lawsuit process to improve your odds of success.
  4. Help you decide whether to settle your claim.  In some cases, the ongoing worker’s comp benefits may not be enough to pay all of your bills.  A workers’ compensation attorney can help you decide whether it is better to settle your claim and help you determine the value of your claim.
  5. Explain other types of benefits that may be available to you. In some circumstances, workers who are collecting workers’ compensation benefits may also be able to collect disability benefits. A workers compensation lawyer can help ensure you get all the benefits you may be entitled to receive.

Understanding Your Claim And Developing Evidence

Insufficient medical evidence is one reason that workers’ compensation claims get rejected. An experienced worker’s compensation attorney will help develop the medical evidence by helping you gather medical records, receive treatment from certain physicians, as well as obtaining expert medical opinions, or arranging for witnesses if necessary. A properly developed medical record is more likely to lead to a judicial finding that reflects the true extent of any lasting impairments you may have.

Negotiating and Structuring Your Settlement

An experienced worker’s compensation lawyer will understand how the following factors will impact how much your case is actually worth, based on:

  • the extent of your injuries and your resulting functional limitations
  • whether the disability is partial or total
  • whether the disability is temporary or permanent
  • your previous wages
  • the costs of past and future medical treatment.
  • your age and overall health, and your entitlement to other benefits.

Your attorney can also ensure that your settlement agreement is structured properly. If you’re receiving or applying for Social Security disability benefits, an improperly drafted settlement agreement could cost you hundreds of dollars per month in benefits due to the workers’ compensation offset. Your settlement should also take into account the medical bills you’ve already incurred and those you expect to incur in the future. Our Attorneys can help you decide on a reasonable estimate of your future medical expenses.

How Can You Ensure The Success Of Your Claim?

Hiring a dedicated workers’ compensation attorney will give you a much better chance of winning your case and getting the benefits you deserve for your work related injury. This includes communicating with the insurance company on your behalf, proceeding to gather and develop medical evidence, negotiating a fair settlement for you, as well as representing you at your court hearing if necessary.

The claims adjusters and attorneys who are working for the insurance company are not looking out for your best interest, and they certainly won’t hesitate to reject your legitimate claim.  Fortunately, there are several things a knowledgeable and experienced workers’ compensation attorney can do to help you in your time of need. After all, dealing with a work-related injury is no easy situation for a family to endure. Our experienced legal team at Fischer & Manno have the knowledge and experience you need to help ensure your case have the best results possible.