Not all workplace injuries are the same. When it’s needed, the workers’ compensation system provides an administrative process that makes it easy for an injured worker to file a claim. But minor injuries don’t usually require a workers’ compensation claim to be filed. You probably won’t need a lawyer for injuries that are undoubtedly work related, don’t require medical care, and you don’t take much time off. If your injury isn’t permanent, then a cash settlement, and lawsuit, are likely not factors in your claim.
When You Need a Lawyer
If you’re seeking a cash settlement, you will need a lawyer. Completing an Employee’s Claim Petition requires an attorney’s assistance. You can also go through your workers’ compensation carrier. They may pay a voluntary offer of settlement, but not the full amount of what your case is worth. You’ll simply get benefits the law entitles you to. Getting more involves suing your employer for full weekly wages and more; in this case, you’ll need a lawyer for:
- Receiving Maximum Weekly Benefits: An attorney is someone who knows the law, and that you’re entitled to much more than you’ll get alone, especially when an authorized workers’ 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 your permanent disability rating 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 you’re entitled to more based on your work-related
- Receiving Proper Medical Care: It’s 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 workers’ compensation claim, you can appeal the decision. With a lawyer’s 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 it’s denied, or the insurer claims you had a preexisting injury affecting the same part of your body, all is not lost if you’re 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 workers’ compensation. Your lawyer has extensive legal knowledge that helps work within any applicable statute of limitations and ensures you are covered by, for example, Social Security Disability Insurance (SSDI). The government may reduce such benefits when you receive workers’ compensation benefits; your lawyer will help you navigate the settlement process and ensure you get SSDI and Medicare benefits you’re entitled to.
Hire a Lawyer Today
Even a partial disability can leave you out of work and end your career. At the Law Offices of Jacob Emrani, we can maximize your settlement check and ensure you get all the workers’ compensation and government benefits you’re entitled to. For a free case evaluation and estimate, contact our firm right away at 888-952-2952 and our Los Angeles personal injury attorney will review all the facts of your claim.