An employee who has suffered an work-related illness or injury may be eligible for workers’ comp benefits. Employers and their insurance companies often deny workers’ compensation claims. This leaves injured employees with a complicated system of appeals. Many applicants give up at this point while others attempt to navigate the system themselves.
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Insurance company claims adjusters and lawyers aren’t looking out for your best interests and will reject any bona fide claim they find. There are many things that a workers’ compensation attorney can do for you to tip the balance in your favor.
A dedicated workers’ comp attorney in NYC attorney will increase your chances of getting the benefits you are entitled to. An attorney will represent you at your workers’ comp hearing.
Insurance company claims adjusters and lawyers aren’t looking out for your best interests and will reject any bona fide claim they find. There are many things that a workers’ compensation attorney can do for you to tip the balance in your favor.
Create Medical, Vocational and Other Evidence
Workers’ compensation claims that lack sufficient medical evidence are most often denied. If you have strong medical evidence to support your claim, even if your claim is approved you are more likely to get the medical treatment and all the benefits you deserve. A lawyer can assist with the development of medical evidence.
- Collecting medical records
- Arranging or recommending treatment with specific physicians
- You can get medical opinions from your treating doctors and an independent medical exam.
- Represent you when you are asked to answer questions at a Deposition.
- Conducting depositions with medical experts.
You may also have other evidence to support your case.
- A vocational expert will give testimony about the physical requirements of your job.
- Messages from family and friends about your day activities or
- Evidence proving your employer’s past record of poor workplace safety and lack of training.
A skilled workers’ compensation attorney will assess your case and determine what evidence is necessary to ensure a positive outcome.
Verhandeln Settlement Agreements
A workers’ compensation attorney can help you estimate the value of your case, which is the amount of benefits that you should receive.
- The extent of your injuries, and the limitations that result in what you are able to do
- Your past medical expenses and the cost of future medical treatment
- If you have permanent impairments, what is the extent of your permanent disability?
- If your employer owes past temporary disabilities (wage Loss) benefits or penalties for late payments,
- Your previous wages
Lawyers are familiar with the tactics and negotiating strategies used by insurance companies. They can help you understand everything from low-ball offers to fake “final offers”. Workers’ compensation attorneys are much more likely than applicants to engage in productive negotiations directly with insurance companies, with few exceptions.
An attorney can help you ensure that your settlement agreement avoids any negative consequences later. An improperly written settlement agreement can result in you losing hundreds of dollars each month in Social Security disability benefits. This is because of the workers’ comp offset. A lawyer can help you make a reasonable estimate for your future medical costs so that the settlement agreement can account for that.
Although workers’ compensation judges must approve settlements it is not wise to trust them to adequately protect your rights. A lawyer is crucial in settlement negotiations.
Represent you at your Workers’ Compensation Hearing or Trial
Your case will proceed to an administrative hearing or trial in front of a workers’ compensation judge if you are unable to agree to a settlement. Your attorney will take depositions of witnesses and request medical records. He or she may also conduct legal research. Finally, your pleadings (petitions, motions and responses to the insurer) will be prepared. Your lawyer will present the “theory” of the case (why you should receive benefits), make closing and opening arguments, examine witnesses and raise objections if the insurance company does something wrong.
Your attorney can appeal the decision if you are not satisfied with the outcome of your hearing.
We can advise you on third-party claims and other potential benefits
You may also have a workers’ compensation claim. However, you could also file a personal injury case against someone (other than your employer) who negligence caused the injury. Third-party suits are often filed against drivers and manufacturers of defective equipment. Because damages may include pain and suffering, as well as loss of earnings, a personal injury claim could be more valuable than a workers’ comp claim. Learn more about how you can sue without workers’ compensation.
An attorney can help you determine if you are eligible for any other benefits such as vocational rehabilitation assistance, wage reimbursement and long term disability insurance benefits.
Workers’ Comp Attorneys’ fees
Workers’ compensation attorneys typically work on a contingency basis. This means they don’t charge any money upfront and only get paid if your case is successful. The fees that workers’ compensation lawyers can charge are often limited by the state. They may be charged 10-20 percent of your benefits. Additionally, the worker’s comp judge or appeals board may need to approve attorneys’ fees. Learn more about the fees that workers’ compensation attorneys charge.
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