If your employer has allowed the insurance to lapse or has never secured insurance for you as required by law, you may still qualify for benefits under the Uninsured Employer Guaranty Fund. Consult with an attorney to find out what options exist for you. Even in ideal cases, a qualified attorney can help you with all of these concerns. Even if you have been approved for benefits, your employer or its insurance company may try to get you reevaluated to see whether your injury has become less severe.
This is known as an independent medical examination IME , and it may be performed by a company doctor to show that your injury no longer exists or is not as severe. Often, an IME is a precursor to terminating, reducing or eliminating your benefits.
They also may not refer you to a specialist, even if you request it. An experienced attorney can help you get a second opinion or reach a more suitable agreement. Many small things can hurt your claim. If you post innocuous pictures on social media, they can be used against you. If you show yourself at a special event on your social media, insurance companies can use this to claim you are not as injured as you reported.
Call Us And Speak to an Attorney. In Pennsylvania, for the first 90 days after an injury, you must see a doctor approved by your employer or its insurance company. But this is only the case if your employer posts a list of at least six approved medical providers and meets other requirements. Often, there is confusion about whether you do need to see an approved medical provider or whether you have more options. On the other hand, if your employer does not meet the requirements, you may have the option of seeing your own medical provider, which may be more beneficial.
If you suffer a herniated disc or a soft tissue injury, you may develop symptoms over a period of days or weeks. Even if you suffer a serious head injury, symptoms may not become apparent for hours or days.
This can make it harder to prove a specific injury is related to work. It can also mean an initial medical consultation will determine you were not seriously injured. If you are eligible for Medicare, you may also need to set aside a portion of your workers' comp benefits to pay for future medical treatment. A lawyer can help you do this in the most advantageous way. You are having a workers' comp hearing. If the insurance company refuses to settle—or only makes lowball settlement offers—you'll need to go prove your case at a hearing.
Because this is like a mini-trial, you will almost certainly need a lawyer to represent you. Workers' compensation lawyers don't charge in the typical hourly fashion. Instead, they charge a contingency fee: a percentage of any workers' comp benefits they help you recover.
Additionally, many states place caps on contingency fees in workers' comp cases. For more information about fees, see our article on how much it costs to hire a workers' comp lawyer. You're likely to get a much higher settlement offer when a lawyer is involved.
Lawyers understand the law, know how to negotiate, and can use various tools to build up your case. Because of this, you will probably receive more in benefits if you hire a lawyer, even after the lawyer takes his or her fee.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 However, there is one situation where they may be able to file a claim against a third party. This situation occurs when someone other than the employer is at fault for the injury which occurred at work.
You will most often see this situation when multiple vendors or contractors are working on the same job site. Construction injuries are the most common since multiple subcontractors are working in the same space. The person may have waited too late to file a claim or filed it incorrectly. They may have left out important information, or some other reason caused the denial. One reason for denial is if you have a pre-existing condition in the area of the injury. An attorney will be able to evaluate your case and determine how much your wage losses and medical bills are likely to cost for the long-term and negotiate on your behalf, especially if you will be unable to return to work at any point in the future.
There are also deadlines which can mean the difference between an approval and a denial. Things get even more complex if you will be receiving Social Security disability along with your claim benefits. Here are some examples of situations that call for a lawyer's intervention:. In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence needed to support your case, negotiate effectively with the insurance company, and write a settlement agreement to avoid unanticipated consequences.
If you can't agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial. Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney.
The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostly for the benefit of employers and insurers.
Plus, insurance companies have teams of highly trained lawyers on their side. Hiring a seasoned workers' comp attorney will go a long way toward tilting the scales in your favor. And because of the way workers' comp attorneys charge for their services, your lawyer will only receive a limited percentage of what you win. If you're in any doubt about your ability to handle your claim yourself, don't hesitate to call a workers' comp attorney for a free consultation. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors.
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