Is a Lawyer Required for Every Workers’ Comp Claim?
In most states, the main purpose of workers’ compensation laws is to offer a medium that ensures employees are compensated fairly for any expenses that they incur associated with a workplace injury without the need to identify blame for an accident. As a result, many employees are able to access instant medical attention after suffering an injury in the workplace as soon as their employer has been informed. However, the unfortunate truth is that not all workplace injuries are a simple process, and some may need extensive time away from work. Hiring a lawyer is not always necessary in a workers’ compensation claim; however, it is recommended when the claim is complex. Here are some instances where an injured employee may require professional legal support.
Occupational Illnesses and Injuries
Not all workplace injuries are the result of a single accident. Some employees will file claims for stress-related workplace injuries, such as back injuries that have resulted from years of heavy lifting, or carpal tunnel syndrome, which is caused by repetitive wrist action such as typing. Workers’ compensation laws in each state will typically cover a range of conditions, but you will benefit from the assistance of an experienced attorney such as Munley law Scranton PA.
While your employer may be prepared to accept that you have been injured in the workplace and does not deny the fact of your accident, in some cases, the employer or insurance company may only approve some, rather than all, of the expenses that you cite in your workers’ compensation claim. A skilled and experienced lawyer can help you gather the evidence that you need to prove the accident and the expense incurred as a result to ensure that you get a fair settlement. You have the right to appeal if you believe that you should get more from your employer as a result of your workers’ compensation claim.
Your claim might be denied completely by the employer or the insurance company if they believe that it may be invalid. Most states have laws to protect employers by defining claims to be invalid under certain situations; for example, if your employer or the insurance company believe that you may have been involved in illegal activities while injured or that your injury was self-inflicted. If you are facing this issue and believe that your claim is valid, a workers’ compensation attorney can help you appeal and get the settlement you deserve.
Finally, bear in mind that not all workplace injuries are going to be covered by workers’ compensation. For example, if your workplace is an otherwise safe environment and your injury was caused by faulty equipment at work, you may need to bring the claim against the manufacturer of the equipment rather than your employer. A lawyer can help you determine which part of the claim is to be workers’ compensation and help you navigate making a third-party civil claim against your employer or another party that is wholly or partially responsible for your injury.
While a workers’ compensation lawyer may not be required for every claim, there are several circumstances where it is wise to work with an attorney.