Workers’ Compensation Lawyer
Our workers’ compensation lawyer will share with prospective clients that those injured while at work may be entitled to workers’ compensation benefits, insurance that employers, by law, must carry to cover medical and wage replacement benefits in the event a worker is injured while carrying out the scope of their duties. However, there may be instances where an employer disputes a worker’s compensation claim, either by denying that the injury was work-related or claiming that the worker is not eligible for benefits.
For victims of work-related accidents who have been injured, our Hurwitz, Whitcher & Molloy can share that an employer may dispute the workers’ compensation claim. Should this be the case, it will be critical for victims to take several steps with help from a legal professional to protect their rights and ensure that they receive the benefits they deserve:
#1. Consult With An Attorney
When contending with a dispute involving workers’ compensation, it will be necessary to acquire legal representation for support. An experienced workers’ compensation lawyer can help victims understand their rights and guide them on how to proceed. A lawyer can also help victims to navigate the complicated legal process and represent them in court, if necessary.
#2. Obtain Medical Documentation
While nothing is more frustrating or complicated than having an employee dispute a workers’ comp claim, one of the most critical steps a victim can take is to have clear and robust medical evidence that supports both the injuries and the accident. Ensure you obtain medical documentation from your doctor that describes your injury or illness and confirms that it is work-related. A lawyer can help victims gather and organize this information.
#3. File An Appeal
Victims who experience a claim denial because their employer has disputed the claim, victims have a right to file an appeal. A lawyer can represent victims facing such issues when the case is presented to an administrative law judge who will review the evidence and make a decision. Your lawyer can help you prepare your case and represent you at the hearing.
#4. Attend All Appointments
In some cases, when a workers’ comp claim is disputed, victims may need to undergo an independent medical examination (IME). An IME is an evaluation by a doctor who is not your treating physician. Attending all appointments and cooperating with the examination is essential, as this can help establish the severity of your injury or illness.
#5. Keep Detailed Records
Regardless of the situation, victims of work-related accidents must prioritize keeping detailed records of not only the accident but all interactions and communications with their employer and the insurance company. Essential records to gather will include emails, letters, text messages, voicemails, and all other correspondence. With this evidence, a lawyer can help to use these records and build a strong case for their clients.
#6. Be Patient
Should a dispute arise following a work-related accident that has resulted in losses, keep in mind that it may take some time to resolve. Despite the anxiety and stress that may surround this, victims should stay focused by prioritizing their recovery. A lawyer can provide updates on the case status and help navigate any delays or complications.
Work-related injuries are severely impactful, and it will be necessary to seek legal representation and gather vital evidence supporting the case, especially if the employer is disputing the workers’ comp claim. Keep all medical appointments and detailed records, and follow through with treatment recommendations while consulting with a lawyer. But be patient; rushing through the process can only add further complications. To get started, consult a lawyer before it’s too late.