Building a Solid Workers’ Compensation Case: The How-to Manual
by Abdul Aziz Mondal Legal 30 October 2021
So, you’ve sustained an injury while on the clock. Whether overexertion, an unexpected fall, or a struck-by-object incident is to blame, like any other American, you’re entitled to worker’s compensation benefits.
In 2018, $62.9 billion was paid out to hurt workers as compensation benefits. However, you have to build a solid case if you’re to get what you deserve. Likely, you’ll need to rope in a reputable workers’ compensation attorney to maximize your compensation.
If you’re a victim of a workers’ compensation accident, here’s how to build a strong case.
Partner with a workers’ compensation attorney.
Save yourself the hassles of attending all hearings, settlement conferences, mediation sessions, and any other proceeding by hiring a professional to represent you.
Hiring a workers’ comp attorney like those from Schwartzapfel Lawyers yields a handful of notable benefits including:
- The lawyer can help you reignite your claim even after denial.
- They’re better placed to negotiate with the insurer than you.
- The lawyer will help you with all the documentation
- There is a higher chance you’ll receive the compensation you so rightfully deserve
Seek medical attention right away
Seeking medical care immediately is one of the most important factors in building a strong claim. Let your supervisor or employer know about your injury as soon as possible to avoid treatment and injury documentation delays.
If they call an ambulance, don’t resist in fear of accruing a hefty stack of medical bills. Even when you leave by your own means, ensure the first stop is your doctor’s place.
Remember, the longer you delay, the more you risk having your workers’ compensation claim denied. Additionally, the insurer may take advantage of your delay to argue that the injury didn’t result from something at the workplace, thus dismissing the case or lowering your benefits.
Adhere to your doctor’s recommendations and attend all follow-up appointments
Whatever your doctor recommends is what you should strictly follow.
For example, medical professionals may ask you to avoid any sporting activity. Imagine what happens if the workers’ compensation insurer or your employer finds you playing football after your doctor has put you on bed rest. Regardless of the extent of your injury, and no matter the reason you give for overexerting yourself, they may reject your claim or reduce the benefits.
Similarly, you need to attend all your doctor’s appointments. This step of the process ensures your injury is well taken care of. It’s also a way of building medical evidence, which translates to a rock-solid workers’ compensation case.
Be timely in filing your claim
Protecting yourself against undue medical debt and lost wages doesn’t begin and end at informing your boss or supervisor about the injury. You need to file a claim with your workers’ compensation carrier. Only then will you kickstart the process of being compensated.
The official notification to your carrier indicating that you’re hurt acts as your initial claim form.
Of course, filing for a workers’ compensation claim has its deadlines, which you should be keen to observe.
Keep accurate records of everything
Legal claims require a detailed and comprehensive record of everything. Every piece of paper is important.
Therefore, have copies on hand of your medical records and bills, accident reports, notices about work restrictions, and records of communication with your employer and insurer. With a written copy of these vital documents, it will be easier to present them during the case, when the need arises.
It’s worth mentioning that sometimes you have to challenge the workers’ compensation settlement if unsatisfied. And the more evidence you present your lawyer with, the better.
Parting shot
The best way to build a solid workers’ compensation case is by adhering to the manual in this guide. It’s also vital that you work with a workers’ compensation attorney to help you navigate all the legal hurdles.
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