A workers’ compensation lawyer can help you get the medical care and time off from work that you need. They can also protect you from being pressured by insurance companies to return to work before you are ready.
If your claim is denied, they will assist you with the appeals process. They can also make sure that all documentation is complete and up to date.
Reporting the Accident
A workers’ compensation lawyer can help you navigate the confusing process of filing a claim. It’s important to note that you must report any injury or illness within 30 days of the incident in order to receive benefits.
When submitting an Employee Claim Form (C-3) to the workers’ compensation board, you should include your personal information, details of the accident, and a medical diagnosis for your injuries. It’s also a good idea to have any eyewitness testimony recorded or written down in case there are any disputes over your claim later on.
In addition, your health care providers must be authorized by the workers’ compensation insurance carrier to treat you. You are not allowed to use your personal health insurance for treatment. Only after the WC carrier authorizes your healthcare provider can you get reimbursed for mileage or public transportation expenses to and from doctor’s appointments.
Getting Medical Attention
When an employee experiences a workplace injury or becomes ill, it is important that they seek immediate medical attention. This not only offers the injured worker the best chance of a full recovery, but it also establishes vital documentation in the workers’ compensation process.
Under New York law, you are allowed to choose your own doctor, unless the employer or their insurance company requests an independent medical evaluation (IME). Your doctor will also play a crucial role as your advocate in the workers’ comp process.
In addition to following medical advice, your lawyer will ensure that all appropriate paperwork is submitted to the WCB and any other relevant bodies. This will help to ensure that your claim is not denied due to a preexisting condition or other reasons.
Documenting Your Injuries
Most workers’ compensation programs cover injuries that occur during employment. However, repeated tasks may cause a chronic condition known as occupational disease. This type of injury does not manifest in the form of a sudden accident, and it can be difficult to prove.
A workers’ compensation lawyer will help you document your injury by creating a file. This will contain all the relevant documents, including your medical records and correspondence with the insurance provider or employer. It is important to maintain this folder and keep it up to date.
Be sure to report every injury, even if it seems minor. Discrepancies between your report and the insurance company’s account can hurt your case later on. It is also critical to inform your physician that the injury or illness is work-related each time you visit him or her.
Negotiating a Settlement
Settlements are usually structured to pay an injured worker for two-thirds of their pre-injury average weekly wage, plus other related costs. Often, they also provide for a future annuity payment to cover ongoing medical expenses.
An insurance company’s initial offer is rarely the best one. Workers compensation attorneys know how to negotiate with insurers and get better offers for their clients. Find out more about workplace injury lawyer brisbane right now.
A workers’ comp lawyer can help you decide whether to accept the insurance company’s settlement offer or take it to court. If you go to trial (called a workers’ comp hearing in some states), a judge will determine the amount of your settlement. The opinions of your lawyer, mediator, and judge will factor into how much you’ll receive. This is another reason why it’s important to have a workers compensation attorney.
Getting a Hearing
When a worker and the insurance company can’t agree on a resolution through mediation, a workers comp judge will conduct a hearing. The process is similar to a trial but doesn’t involve a jury and is subject to different laws. During the hearing, both parties present evidence through documents and eyewitness testimony. If a worker chooses to hire an attorney or licensed representative, the fee will be determined by law and deducted from the compensation award.
During the hearing, you will be asked questions under oath by your lawyer and the insurance company’s attorney (called cross-examination). The judge may also call experts to testify. Most workers’ comp hearings last a few hours, but complex claims may require several days of testimony. Once the judge has reviewed all of the evidence, he or she will issue a decision, which will be mailed to you, your lawyer, and the insurance company.
