Not all workplace injuries are the same. When itโs needed, theย workersโ compensation systemย provides an administrative process that makes it easy for an injured worker to file a claim. But minor injuries donโt usually require aย workersโ compensation claimย to be filed. You probably wonโt need a lawyer for injuries that are undoubtedly work related, donโt require medical care, and you donโt take much time off. If your injury isnโt permanent, then a cash settlement, and lawsuit, are likely not factors in your claim.
When You Need a Lawyer
If youโre seeking a cash settlement, you will need a lawyer. Completing an Employeeโs Claim Petition requires an attorneyโs assistance. You can also go through yourย workersโ compensationย carrier. They may pay a voluntary offer of settlement, but not the full amount of what your case is worth. Youโll simply get benefits the law entitles you to. Getting more involves suing your employer for full weekly wages and more; in this case, youโll need a lawyer for:
- Receiving Maximum Weekly Benefits: An attorney is someone who knows the law, and that youโre entitled to much more than youโll get alone, especially when an authorized workersโ compensation doctor keeps you out of work for more than seven days. With a lawyer, they can ensure your carrier includes overtime wages with your average weekly wage payments.
- Getting Permanent Disability Benefits: An insurance company often tries to dispute yourย permanent disability ratingย assigned by your doctor. The insurer may order an independent medical examination, but its doctor will likely assign a lower rating. Your lawyer can convince a judge youโre entitled to more based on your work-related
- Receiving Proper Medical Care: Itโs not uncommon for insurers to deny the care you need, or at least delay approval. This can mean not getting the treatment and medication you need in time. Your lawyer can pressure the insurance company to approve treatment before your condition gets worse.
- Possibly Reopening Your Claim: Denial occurs for many different reasons. If an insurer denies your workersโ compensation claim, you can appeal the decision. With a lawyerโs help, you have a better chance to reopen the claim, gather the appropriate paperwork, and present evidence at a hearing.
- Fighting Denial of Benefits: Even if you file a claim and itโs denied, or the insurer claims you had a preexisting injury affecting the same part of your body, all is not lost if youโre represented by an experienced attorney. An insurance company will try to blame the injury on a prior condition, which can free your employer of any liability. This leaves many injured workers without the financial support they need.
Government benefits are a large part of workersโ compensation. Your lawyer has extensive legal knowledge that helps work within any applicable statute of limitations and ensures you are covered by, for example,ย Social Security Disability Insurance (SSDI).ย The government may reduce such benefits when you receive workersโ compensation benefits; your lawyer will help you navigate the settlement process and ensure you get SSDI and Medicare benefits youโre entitled to.
Hire a Lawyerย Today
Even a partial disability can leave you out of work and end your career. At theย Law Offices of Jacob Emrani, we can maximize your settlement check and ensure you get all the workersโ compensation and government benefits youโre entitled to. For aย free case evaluationย and estimate, contact our firm right away atย 888-206-1427ย and ourย Los Angeles personal injury attorneyย will review all the facts of your claim.