What do you need to know about Workers' Compensation? Workers' compensation is a type of insurance that provides employees with medical benefits as well as wage replacement if they are injured while they are on the job. In return for being provided workers' compensation by their employers, employees give up the right to sue the employer for negligence. Workers' compensation is meant to be a trade off that benefits both parties.
Does this mean you don't need a lawyer for your workers' compensation case? Not necessarily. The following are a few ways in which a workers' compensation lawyer can help you:
- Processing claim forms - Workers' compensation claims are often delayed or even denied simply because the application wasn't filled out properly or accurately. A lawyer will help organize all of the paperwork you are required to file for your claim, which includes details about the employee, employer, wages, the injuries that happened on the job, circumstances around the injuries, medical care received, and so on.
- Fighting an employer denial - Just because there's a legal understanding in which employers provide compensation in return for protection against lawsuits doesn't mean the claim won't be denied. Paying workers' compensation costs the employer money, which means if there's a reason they can block your claim, they may use it. Common reasons for blocking claims include claiming that the employee wasn't on the clock when they were injured or that the employee doesn't qualify for benefits. A lawyer will help collect evidence that the claim is legitimate and argue the case before the workers' compensation board on your behalf.
- Appealing a denied claim - Appealing a claim that was denied requires a formal hearing with evidence that overturns the original denial. A lawyer will help strengthen your claim case as well as use their experience to provide professional legal representation during the hearing.
- Preventing pre-existing conditions from hurting your claim - One of the ways in which an employer may try to deny your claim is by stating that any pre-existing conditions you may have are to blame for the injury or illness you experienced while at work. This can result in a reduction in your workers' compensation benefits. A lawyer will help prove to the workers' compensation board that your pre-existing conditions did not affect the injury or illness you experienced at work.
- Meeting necessary obligations - To receive your workers' compensation benefits, you'll be required to meet numerous obligations, from receiving regularly scheduled medical evaluations and treatment to cooperating with anything being done to investigate or process your workers' compensation claim. A lawyer will help make sure you meet these obligations so you don't jeopardize your claim.
- Reviewing settlement offer - If your assigned doctor determines you won't make a full recovery from your injuries or illness, you'll be given a disability rating. This disability rating will be used to determine your final workers' compensation benefit. A lawyer will review this disability rating before it is put before the workers' compensation board to make sure it's appropriate. The lawyer will then challenge the rating if it will not result in a settlement that is appropriate for you.
As you can see, there are several situations in which you benefit from the help of a workers' compensation lawyer. If you've been injured on the job and need professional legal advice in regards to your workers' compensation case, then be sure to call 800-241-BRAD to speak with Brad Pistotnik or 316-617-9237 to speak with Tony Atterbury. We can assist with workers' compensation cases throughout Kansas, including Wichita, Liberal, Dodge City and Garden City.
We are also licensed to practice in several other states, including Nebraska, Illinois and Oklahoma. For more information about our legal services, be sure to visit us online at Brad Pistotnik Law or visit our Spanish site, Abogado El Toro.