Because workers' compensation cases usually involve the conflicting interests of an employer and a sick or injured employee or worker, the claims process can be difficult. This is why workers' compensation disputes arise after a work injury. In this case, hiring a lawyer is necessary to ensure that every party is legally represented well, most especially if the settlement amount is deemed unfair or the claim has been denied.
Below are some tips for when workers' compensation disputes arise after a work-related injury.
Get Prompt Medical Attention or Treatment
As soon as the injury occurs, it's important to seek medical attention right away. Aside from the medical evidence that will eventually support your claim, seeking immediate medical intervention can lead to a fuller and quicker recovery.
Solid or substantial medical evidence is required to support a workers' comp claim. Proper documentation of your injuries, including physical restrictions, should be carried out. Take photos of your injuries if you can, and never delay getting medical treatment. Otherwise, the insurance company or your employer may raise a dispute arguing that you were not seriously injured or the incident never happened.
Consult an Experienced Workers' Compensation Lawyer
The claims process of a workers' compensation case can be adversarial, which necessitates the services of a trusted and reliable lawyer with years of experience dealing with such cases. By hiring an experienced lawyer, like one from ramoslawfirm.com, you'll get expert legal advice that is tailored to your current situation.
Employers tend to dispute a workers' comp claim because of money. Some employers don't want to provide the maximum compensation for injured workers because they'll spend so much money on damages, like paying for lost wages and hospitalization. Of course, this situation arises if the company doesn't have insurance or the number of workers’ comp claims involved in the workplace accident is above the employer's capacity to handle.
Here are some ways an experienced workers' compensation lawyer can help you:
● A workers' compensation lawyer will communicate with the insurer on your behalf.
● Medical evidence will be gathered to strongly support your claim.
● A good personal injury lawyer will negotiate a good settlement for you.
● A workers' compensation lawyer will represent you before court.
Don't Hesitate to Report the Incident Immediately
One way to avoid workers' compensation disputes is to report the incident immediately. The best employers have a comprehensive workers' compensation insurance in place. However, some don't have such good insurance coverage. This is why you always have to think ahead and report any workplace injury to the management immediately.
Report your injury to your supervisor or boss. Be abreast with your company’s rules and policies because workers are expected to notify employers about workplace injuries within a given time frame. Every state has a different deadline, and disputes can arise if the employee or worker fails to report the injury within the allotted period.
If ever the employee misses the deadline, the right to collect compensation benefits will be lost. In some states, the injured worker needs to file a claim form to start a claim officially. It should be filed within a certain date range with the complete requirements attached. Hiring a lawyer to help you ensure a smoother claim submission will be beneficial.
Protect yourself against an employer who might claim that your injuries were sustained away from the workplace by reporting the injury or accident right away. Be sure to make a detailed report of the incident in writing, and in the presence of a trusted and reliable witness.
Here are the details you need to provide when reporting a workplace injury or accident:
● Time and date of the accident
● Activity or task being done before or during the incident
● Machine or equipment being operated
● Possible witnesses of the accident
● People who attended to you after the incident (like a company nurse or physician)
Consider Changing Your Doctor
A dispute may arise if a doctor is chosen by the employer or the insurance company. If you think you're not getting the right medical treatment, you have the right to change your doctor. Hiring a workers' compensation lawyer will ensure that your access to quality medical intervention is not restricted.
If you're faced with a workers' compensation dispute, it is best to have legal representation. Talk to a workers' compensation lawyer who can help you obtain the maximum compensation you deserve. Get fair medical attention and avoid having your claim denied. Prevent disputes from happening by reporting the accident to your immediate supervisor, documenting your injuries, and considering changing your doctor to avoid conflict of interest.