Hurt At Work? How To Take Legal Action
It may not be necessary to take legal action when a work injury occurs. In fact, one of the reasons why workers' compensation insurance was created is so that workers can avoid having to file a personal injury lawsuit against their employer. In most cases, hurt workers get the benefits they need, and they recover and return to their jobs. In other cases, things don't go that well. Read on to find out what might happen when your workers' compensation claim is held up, delayed, or denied and you are not getting the benefits you deserve.
Do You Need an Attorney?
Workers' compensation issues are often complex and most workers are right to feel confused and overwhelmed when something goes wrong. When your claim is denied and you are being told to return to your position or risk being fired, it's time to find out what your rights are. Almost all workers' comp decisions can be appealed, and there is a process in every state to challenge denials. Having an expert doesn't have to be financially draining either. Many workers' comp attorneys get paid from lump-sum settlements or payment of back benefits. This is known as a contingency fee agreement.
Settlement Negotiations
Some hurt workers are never able to return to their jobs because of their injuries. Unfortunately, permanent injuries can occur due to work-related accidents or occupational illnesses. When that happens, you may be offered a lump-sum settlement by the insurance carrier. Naturally, when you cannot earn income, you need enough to last you till retirement. Settlement amounts and the way they are paid to you are entirely negotiable. A workers' compensation lawyer knows how much you deserve to be paid, how much you are likely to be paid, what common similar injuries pay, and more. They also understand how to negotiate for you and how to structure your settlement so that you can make the most out of it by also qualifying for Social Security Disability benefits.
Appeals, Hearing, and Trials
In most cases, you should follow the correct procedure and file workers' comp appeals at all available levels. Your attorney will know how to do that and will be by your side at the hearings and will even take your case to trial, if necessary. In addition, mediation is required by state law in most cases. An attorney can advise you on how to proceed with talks and approval of the resulting agreements.
To find out more about your rights and the process to follow to get the benefits you need, speak to workers' compensation lawyer.
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