If you have filed a worker's compensation claim, you might not know that there are a bevy of ways in which an insurance adjuster will attempt to minimize the severity of your claims. Luckily, there are ways to fight back against this injustice. If you have filed a worker's compensation claim, then a worker's compensation attorney can often times help you with this process and serve to help you make sense of the legal issues that arise throughout the matter.
Settlements
A skilled worker's compensation attorney who understands the contingencies of the case at hand can generally tell you how much your employer will settle for, or if the case needs to go to court. Attorneys are also trained in negotiations, as well, which means that you will have someone advocating for you during these negotiations, and can most likely net you a higher base settlement than what you were initially offered.
Making Sure You Receive Benefits and Average Weekly Wage
The basis for which your employer owes you, at the base level, is based on your average weekly wage. An insurance adjuster very well may undervalue your average weekly wage, and you will receive a considerable amount less than you should have. A worker's compensation attorney will fight for you to receive your due average weekly wage from your employer. In addition, a worker's compensation attorney will also ensure that you receive any benefits that your employer owes you, as well. If an on-site injury occurred to you in which you must receive modifications to your home or job retraining, an attorney will demand that your employer be held liable for these issues.
Your Rights
An attorney of the worker's compensation variety will make sure that you understand your rights in these cases, and will attempt to inform and educate you about these rights. In some cases, you might find that an employer or insurance adjuster might be attempting to undercut these rights. That is where a worker's compensation attorney will advocate for you. For example, you might be told that you do not qualify for worker's compensation because of a preexisting condition. This simply isn't the case. Your employer may have been the cause of an issue that exacerbated the preexisting condition, and, as such, is liable for damages.
Hiring a worker's compensation attorney is, generally speaking, a smart move if you are embroiled – or about to become embroiled – in such a case. Contact an attorney like one from Lovett Schefrin Harnett for more information.
Share23 February 2016
Were you injured at work and fighting to get the workers compensation that you have paid into each year? Sometimes, getting those payments can be very difficult. What do you do when an employer fights the claim? Do you need a lawyer to help you through the process? How will you pay for a lawyer if you cannot even pay your electric bill? You are probably as lost as I was when I went through the process. Fortunately, you can learn from my experience with the system and find the answers to many of the questions that you have about filing a workers comp claim and fighting the system when it is denied.
