When you suffer an injury at work, you are entitled to worker's compensation benefits. All employers, with a few exceptions, are required to carry worker's compensation insurance for the purpose of compensating employees who are injured on the job. This is a fairly straightforward process that does not typically require an attorney. However, there are some instances where you may want to have an attorney, particularly if your claim is denied. Here are some things you can expect from your worker's compensation attorney:
Make Sure All Your Evidence is Uncovered
Your workers compensation attorney will ensure that every piece of evidence that is useful to your case is available. Much of your evidence will be your medical records. However, there could be some additional evidence held by your employer that you may not think to ask for. This includes records from your employer that can turn the case in your favor. For example, if you suspect you were denied because your employer missed filing your paperwork by the deadline, your attorney can obtain the proof by subpoenaing that paperwork.
Will Ensure Your Settlement is Fair
Your worker's compensation attorney is experienced in the field and will make sure you receive a reasonable settlement. An attorney who has been working in this area for a long time will know approximately what you should get and when you are getting low-balled. They will evaluate different factors to your case, such as the permanence of your disability, how hurt you were, and future medical requirements, and request a settlement amount commensurate with your circumstances.
The insurance companies are going to offer you the smallest amount of money possible at first. You will need an attorney to enter negotiations at this time before you claim is settled. This would be difficult for you to do without a legal professional.
Will Represent You at a Worker's Compensation Hearing
In some cases, your case will have to be settled in a worker's compensation hearing. This happens with a fair settlement through negotiation with the insurance company does not work out. A hearing is much like going to a small claims court hearing. You will go before a judge to present your evidence and call witnesses if applicable. Your attorney will speak for you in this hearing. He or she will argue your reasoning for needing a specific amount of money. If your settlement after the hearing still seems inadequate, your attorney will then represent you as you file an appeal.
