If you are an employee who has experienced an accident or sickness as a result of your job, you may be eligible for workers’ compensation payments. Employers and their insurance companies, unfortunately, regularly refuse workers’ compensation claims, even when they are legitimate thereby leaving injured employees to navigate a complicated system of appeals. The majority of candidates just give up at this stage, while some make every effort to negotiate the system on their behalf, but with the help of an Atlanta workers compensation lawyer, you may be able to get the settlement that you deserve.
It is considerably more likely that you will receive the benefits that you deserve if you hire an experienced Atlanta workers’ compensation attorney. You will then have someone who will be able to interact with your worker’s compensation more effectively by retaining an attorney, and the lawyer will be the one who will obtain medical evidence that will support your claim, attempt in the negotiation of a favorable settlement, and represent you whenever you have your worker’s compensation hearing.
It is not the insurance company’s claims adjusters and attorneys that are looking out for your best interests, and they will not hesitate to reject your legitimate claim for a variety of questionable reasons.
Compile Medical, Vocational, and Other Supporting Documentation
Inadequate medical evidence is perhaps the most often cited cause for denial of workers’ compensation claims. You may still be more likely to obtain all of the needed medical care along with any other benefits even if you already have a granted claim, and whether you have sufficient medical proof that can support your claim. By hiring the services of a workmen’s compensation lawyer, he or she can help you in obtaining medical evidence through the following ways:
- Accumulation of medical records
- making arrangements for or proposing treatment with certain physicians
- seeking medical advice from your current physicians and conducting an independent medical assessment.
- representing you in depositions when you are required to attend and answer questions, and
- deposing medical professionals.
Additional sorts of evidence may support your case, including the following:
- evidence from a vocational expert regarding the physical needs of your employment
- comments regarding your everyday activities made by friends and family members;
- documentation demonstrating your employer’s history of inadequate workplace safety or a deficiency in training.
Negotiating Settlement Arrangements With Your Atlanta Workers Compensation Lawyer
The services of a worker’s compensation lawyer have their perks whenever the time comes to negotiate a settlement with the insurance carrier of your employers in terms of estimating the value of your case like the number of benefits that you should be receiving according to the following criteria:
- the effect on the constraints of your abilities and the severity of your injuries
- your previous medical costs, as well as the cost of future medical care
- if you have persistent impairments and, if so, the extent to which you are permanently disabled
- if your employer owes you money for previous temporary incapacity (wage loss) benefits and late payment penalties; and
- your prior earnings.
The negotiation methods and strategies in the insurance industry are things that lawyers are already familiar with and these range from low-ball proposals to some phony “final offers” that are not. But with workers’ compensation lawyers, are more likely to participate in fruitful talks with insurers than the unrepresented applicants. Additionally, your lawyer can guarantee that your settlement agreement is correctly drafted to minimize unintended effects. Moreover, an attorney may assist you in determining a realistic estimate of your future medical bills, which can be incorporated into the settlement agreement.
Assistance and Representation On Your Workers’ Compensation Hearing or Trial
In the event that you are not to reach a settlement, you might be proceeding to an administrative hearing or trial before a worker’s compensation judge. During the discovery or the investigation phase, it will be the job of your lawyer to obtain depositions of witnesses, get copies of your medical records, do some legal research, write your pleadings, and see to it that everything will be submitted on time. During the hearing, your lawyer will be presenting the theory of your case to the court by explaining your side as to why you should receive benefits. Furthermore, your lawyer will be making the opening and closing arguments of your workmen’s compensation case, cross-examine the witnesses and raise some objections whenever the insurance company is not acting properly.
Your lawyer can also assist you in appealing the decision in the event that you are not happy with how your hearing turned out.
Provide Advice on Possible Claims from Third Parties and Other Benefits
There might be instances that you also have a personal injury claim from a third party who is not your employer, alongside your worker’s compensation claim whose carelessness has caused or has contributed to the injury or damage. These third-party lawsuits are frequently targeting drivers and manufacturers of defective equipment and this is mainly because a personal injury claim can be a more lucrative case as compared to a worker’s compensation claim. After all, damages may include pain and suffering along with lost wages.
Moreover, by hiring the services of an Atlanta workers compensation lawyer, he or she can give you advice pertaining to your eligibility for possible additional benefits like vocational rehabilitation aid, reimbursement on your salary, long-term disability insurance benefits, state short-term disability, as well as a Social Security disability.
Fees Relating to Workers Compensation Lawyer
The majority of workers’ compensation attorneys operate on a contingency fee basis, which means they charge no upfront fees and are compensated only if you win your case. Many jurisdictions have severe limits on how much workers’ compensation attorneys may charge, with fees sometimes limited to 10% to 20% of your payments. Additionally, the workers’ compensation judge or appeals board may have to authorize attorneys’ costs.
Instances When Consulting the Services of an Atlanta Workers Compensation Lawyer is Necessary
If your workers’ compensation claim is uncomplicated and low in value, you may be able to avoid hiring an attorney. However, there are a few instances in which employing a lawyer is important, including the following:
- If you lack sufficient medical proof to substantiate your claim
- If your claim is significant in value or you have sustained severe, long-term damage
- If your employer contests the validity of your claim
- When you’re undecided about accepting a settlement, or
- If you have been rejected a claim and must appeal.
If any of the following apply to you, you should immediately contact an expert workers’ compensation attorney.