Workers compensation claims can be very complicated and you cannot even see it coming when that happens. You have to take the right steps to make the process as smooth as possible. And there is always the possibility you are hurt, which can easily make everything more difficult. With this in mind, New Haven personal injury lawyers answer the most common questions you might have.
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What Will The Workers Compensation Lawyer Do For You?
You are almost always recommended to hire a workers compensation lawyer to represent you as you go through the claim process. But, few people actually know why this is always good. The attorneys help those affected by several things, including:
- Muscular injuries
- Exposure to toxins
- Head injuries
- Repetitive motion injuries
- Hearing loss
- Construction accidents
- Heat and cold stress
- Burn injuries
It is even possible that the manufacturer of a piece of equipment ends up sued due to faulty gadgets. workers compensation attorney in pittsburgh protects employees and lawyers make sure their best interests are protected.
Are You Eligible For The Claim?
Eligibility does depend on different factors. This includes the state where the job is in and whether or not work is done for the government. Even the industry can influence eligibility. Fortunately though, most employees in the US today are actually covered by some type of workers compensation plan.
The problem is that you have to be aware of this, which you most likely are not. Your attorney is going to help you out the most in figuring out if you are eligible or not because of the knowledge of the laws that apply.
The good news is that most diseases, accidents, illnesses, unintentional injuries and even death are covered when they happen at work. And it is even better to know that you do not even have to prove fault because the system is no-fault.
Independent Medical Examination (IME)
As soon as possible after the injury happens, it is important to receive medical evaluation. This has to be independent and carried out by a medical provider who is authorized. This can vary from one state to another but professional opinions from doctors are always taken into account. You can submit the insurance medical exam or the independent medical examination in order to then receive compensation.
IMEs are necessary to determine injury cause. It offers a good diagnosis and is beneficial for everyone, but the insurance companies might want to use independent medical examinations to limit liability and payouts. They have assigned doctors who could influence everything. Remember that you can then ask for another opinion.
Appealing Compensation Denial
It is possible that your employer or their insurance company denies paying compensation. This would happen because of several possible reasons, like:
- The denial that the injury happened while the employee was on the job.
- Accusations of misrepresentation or fraud.
- Blaming the injury on a condition that existed before the incident.
After the employee learns about the denial, a petition can be filed with the state’s workers compensation board for appeals. This is a process that will vary from state to state. Your attorney will help you to make the right steps to file the appeal.