Last updated on June 28th, 2023 at 09:28 am
If you’ve been denied your workers’ compensation claim, you may wonder if it’s worth consulting a lawyer. You’re not alone. Lawyers are often recommended as a possible source of help when dealing with the Workers Compensation Board. So, what’s next if you’ve been denied your workers’ compensation claim?
If you’ve been denied a workers’ compensation claim, you have the right to take it to court. The question is, should you? It depends on the situation and if there are other options available.
What is workers’ compensation?
Workers’ compensation insurance is a form of insurance that protects employees from the financial consequences of workplace injuries and illnesses.
In most states, employers are required to carry workers’ compensation insurance for their employees. This insurance pays for medical care and lost wages if an employee sustains an injury on the job.
If you’re injured at work, your employer must pay for medical care and lost wages until you recover. However, suppose workers’ comp does not adequately cover you. In that case, you may be able to collect damages from your employer in a civil lawsuit, and this is where consulting a lawyer can prove very helpful.
If you’re dealing with a denied workers’ compensation claim due to nerve damage, it’s essential to explore your legal options and understand the potential workers’ comp nerve damage settlement. Consulting with experienced attorneys can provide valuable guidance and assistance throughout the process.
An Attorney Will Help Protect Your Rights
Insurance companies have certain rights under the law, including the right to contest your claim and deny coverage. So you’ll probably lose by default if you don’t have a lawyer.
But when you have one, many things can be done on your behalf — including challenging the denial and arguing that the insurer doesn’t have good reason to deny your claim.
In addition to familiarizing you with what you need to know about workers compensation basics, hiring a lawyer will help ensure that your legal rights are fully protected and enforced where applicable.
In fact, all of the facts surrounding your injury are investigated thoroughly and accurately, which can help secure better results for yourself in the future.
Deciding If a Lawyer Is Needed
There are many factors to consider when deciding whether to seek legal counsel or find the perfect attorney for your needs before filing a workers’ compensation claim. Some of these include:
Your Experience With Dealing With Insurance Companies: The less experience you’ve had with this process, the more likely you’ll need a lawyer’s assistance. You’ll also want to consider whether you have prior claims or lawsuits against an employer or insurer.
The Nature of Your Injuries: If they’re minor and not life-threatening, then they may not warrant the expense of hiring an attorney. But consulting an attorney specializing in workers’ compensation claims may be worth consulting if your injuries are severe or permanent.
The Amount of Money at Stake: If your claim is relatively small (for example, if it involves a simple back injury), it’s unlikely that hiring an attorney will improve your chances of getting any benefits.
But if your claim involves significant medical expenses or has caused permanent damage (such as paralysis), then hiring an attorney could make a big difference in terms of what you receive from workers’ compensation and other sources.
How Much Will an Attorney Cost?
The cost of a workers’ compensation lawyer varies depending on the size of your case and the attorney. When you file a claim, you will be required to pay a filing fee to the state’s workers’ compensation office. This fee is usually $100 or more, but it can be higher if you file a complex claim.
Afterward, your attorney will charge hourly fees for handling your claim and reviewing medical records. There is also a contingency fee that you may owe if your lawyers win their case at trial. A contingency fee is paid only if the lawyer wins their case; if they lose, they don’t get paid anything.
You Don’t Have To Do This Alone.
For the most part, your employer is responsible for paying for all medical bills resulting from an injury on the job. It’s easy dealing with insurance companies and doctor’s offices.
That’s why if you are denied coverage on an injury you sustained at work. A good personal injury lawyer will help you fight back. Consult one now, and you won’t have to do this alone.