Satya
If you are coping with an on-the-job injury, a workers’ compensation attorney can be a real lifesaver. The reason is simple: Workers’ comp is a complex system that many people just cannot get through on their own.
And if you’re hurt and trying to come back to work (or not, as the case may be), you’re not in the best position to climb that mountain. You need legal help. Here are some of the numerous ways a Richmond workers compensation lawyer ten can help you negotiate that system.
Assistance with Initial Claims Filing
The very first thing that you must do to get workers’ compensation benefits is to file a claim. Although it sounds simple enough, the actual process can be made very complicated by the different forms you must fill out, the rules you must follow, and the deadlines you must meet.
If you miss a deadline or make a form-filling error, your claim can be delayed – or even denied entirely. File your claim with the help of an attorney and that almost guarantees an accurate, on-time submission, which also very gives you a fair shot at having your claim accepted and your benefits paid in a timely manner.
Documenting and Gathering Evidence
Compensation for work-related injuries or illness hinges on proving what happened, how it happened, and unfortunately, why it happened to you. If you can show with enough clarity that the injury was work-related and that it has had a negative effect on your wellbeing, then you stand a fair chance of winning your case and getting compensated.
Work doesn’t have to happen at a given location for the claim to be valid or for the injury to be considered work-related.
Ensuring Medical Evaluations Are Comprehensive
A medical evaluation is an essential component of every workers’ compensation case, as it establishes the seriousness of the worker’s injuries and the amount of compensation the worker may be entitled to. Insurance companies often push for evaluations that downplay the severity of the worker’s conditions.
A Richmond workers compensation lawyer ensures that medical evaluations are fair and comprehensive and that the worker is not railroaded into accepting an amount that is much lower than what they should recover.
Calculating Your True Compensation Entitlement
Workers’ compensation provides a range of benefits, covering medical costs and a portion of lost wages during recovery, with the aim of getting the injured worker back on the job. Of necessity, the system requires the injured worker and his or her attorney to calculate benefits.
If you’re going in alone, it obviously is to the advantage of the insurance company to undercalculate benefits. If you have an attorney, your benefits will be calculated properly and included in your compensation package.
Handling Claim Denials and Appeals
It’s a sad but true reality: sometimes workers’ comp claims just get denied. There are a number of reasons this happens, but not having enough documentation or missing deadlines tops the list. In Virginia, if your claim has been denied, you have the right to appeal. As with other parts of the claims process, the appeal can be handled by your Richmond workers compensation lawyer.
It can help, though, to understand something about the reasoning used by the Commission when it orders a claim denied. If you can see the claim from their viewpoint, you might have a better chance of turning it around in your favor.
Negotiating with Insurance Companies
These negotiations are typically initiated by the insurers and are ostensibly meant to minimize payouts. The goal, of course, is to settle. But in order to settle, both sides of the negotiation must come to some sort of agreement. Workers’ comp lawyers understand the ins and outs of Virginia workers’ compensation law.
They know and understand what constitutes a fair settlement. They also understand what methods insurance companies often employ to minimize their payouts and what counter-tactics can be used to rebut these minimization tactics.
Protecting You from Retaliation and Ensuring Job Security
In Virginia, an employer cannot legally retaliate against an employee for filing a workers’ compensation claim. But that doesn’t always stop some employers from doing it. They may want you back to work. They may want you to accept a lower-paying job. Some might even want to make your life so miserable that you will quit.
All this is against the law, but it happens anyway. A workers’ compensation attorney can help you maintain your job security and protect you against these types of employer actions.
Securing Long-Term or Permanent Disability Benefits
Complexity increases when an injury results in long-term or permanent disability. In Virginia, you may be eligible for benefits beyond the standard fare. These laws are not easy to navigate, and your lawyer must understand both the letter and the spirit of the law to ensure all long-term benefits are explored and accounted for.
Workers such as yourself who are no longer able to perform at their full capacity due to injury have every right to seek any benefits that provide some semblance of financial security.
Preparing for Litigation if Necessary
While the overwhelming majority of workers’ compensation cases are settled through negotiations, a few tend to drag on until they require the intervention of a formal hearing or even a trial.
This may happen if an insurance company refuses to budge from its unreasonably low offer or if your claim has been pushed through several levels of administrative review and is still denied, apparently without any good reason. Some cases are just hard to close and require a skilled workers’ comp attorney to litigate.
Hiring the Best Richmond Workers Compensation Lawyer for Your Case
Your chances of getting a favorable outcome improve dramatically when you hire workers’ comp lawyer to direct your case. You and your lawyer make a team, and a good attorney will do the legal work that will make any client feel good about having hired them in the first place.
Whether it’s organizing documentation and arguments for the judge, making sure a key piece of evidence is in the right place (both legally and practically), or preparing you for negotiations with the insurance providers, your lawyer will be in your corner.
