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When to Call a Workers’ Compensation Attorney, Pt. 3

When Legal Representation is Needed in Workers’ Compensation Cases

In part 1 and part 2 of this topic, we covered a variety of reasons someone would retain the services of a workers’ compensation attorney. So far, we have outlined the following situations:

  • Your benefits have been denied or delayed
  • You have one or more known pre-existing conditions
  • Your workers’ compensation benefits are insufficient
  • Your employer claims you are still able to work or do not qualify for benefits
  • You face retaliation in the workplace because of your injury and/or claim

Any of these scenarios ought to be taken seriously. Workers’ compensation laws are meant to protect workers from unsafe conditions. A qualified legal representative can help you understand your rights under the law and your best path forward for securing the benefits you need.

These laws also help employers by discouraging unsafe practices and preventing potential lawsuits. However, some employers fight workers’ compensation cases to save money and discourage future claims. In these cases, employers have access to their own legal team. Workers should have someone in their corner too.

Here are some more situations where workers’ compensation attorneys can help:

Your employer has not paid for workers’ compensation insurance

Most employers are required to purchase workers’ compensation insurance for their full time employees, with some exceptions. Even if they are exempt, it is possible you still qualify for benefits. Every state is different, but there are some provisions under state law that protect workers in these cases.

If you were led to believe your employer had workers’ compensation insurance, but they don’t, reach out immediately. An experienced workers’ compensation attorney will understand relevant laws and regulations. 

You are being accused of fraud

In rare cases, employers may argue that your workers’ compensation claim is fraudulent. There are many ways they can do this. For one, they might refuse to recognize that your injury occurred in the workplace or results from regular work duties. 

If this happens, you will need to be able to establish a clear connection between your injuries and work tasks. Depending on the case, this can become a complex process. You will need to gather the right medical records and carefully write your claim accordingly. This is an intimidating responsibility to take on by yourself. Contact a workers’ compensation attorney who can guide you through this process.

Your symptoms develop gradually

When you suffer from a medical condition that gradually gets worse over time, you are constantly reassessing your ability to work. In many such cases, workers will work through tremendous pain, hoping the problem will go away. 

Unfortunately some employers take advantage of situations like this. When individuals file workers’ compensation claims, they might question your timeline of events and dispute your claim. This is another scenario where a workers’ compensation attorney can help you gather the documents you need to make your claim stick.

Have you been hurt on the job? Have you faced resistance to your workers’ compensation claim from your employer? Our law offices can evaluate your case for free. Call 636-530-1515 or contact us online today.

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