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5 Signs You Should Take Legal Action Against Your Employer for Lack of Workers' Compensation

October 2, 2018

 

 

In the United States, when you are injured in the workplace, you should be able to recover some form of compensation from your employer. These rights are guaranteed through workers' compensation law.

 

But what happens if your employer refuses to provide the compensation you deserve? At what point do you need to contact a lawyer that specializes in workers compensation? 

 

Here are five signs that you should consider taking legal action against your employer:

 

Your Claim Has Been Denied

 

Whether you work in an office, restaurant, or manufacturing plant, you are guaranteed the same workers’ compensation rights. Unfortunately, insurance companies often deny compensation claims for a variety of reasons – including an assertion that your injury wasn’t work-related or that you filed too late.

 

While you can appeal this denial through the workers’ compensation system at your workplace, the appeal process varies from state to state and shouldn’t be undertaken without assistance from an experienced attorney. You’ll need to file formal paperwork, gather evidence, and present your case in a hearing. 

 

You Have a Preexisting Condition

 

If you have any form of preexisting condition that involves the same body part you injured in the workplace, you should assume the path to compensation will be difficult, even if your claim seems cut-and-dry. There’s a strong chance the insurance company in question will blame your injury on your previous condition, rather than the workplace conditions that led to your accident. 

 

You Can’t Get Proper Treatment

 

While some employers are heavily focused on providing necessary treatment for workplace injuries, insurance companies often delay approving expensive medical treatment, like surgery, forcing you to pay out-of-pocket. 

 

Instead of hoping for reimbursement that may never come, get in touch with an experienced workers’ compensation attorney. Your attorney can help put pressure on the insurance company to approve treatment and medication as-needed.

 

Your Ability to Work Has Been Affected

 

If you fear you’ll never be able to work again, a lawyer is absolutely necessary to navigate the compensation process. Otherwise, you might fail to maximize your payout and strengthen the structure of your agreement, which can ensure your compensation lasts.

 

Even if you’ll be able to work, you may need to change careers – in which case, you’ll need training and assistance. A lawyer will be able to encourage fairness throughout this process.

 

Your Permanent Disability Rating Is Disputed

 

The vast majority of workers’ compensation settlements are focused on permanent disability benefits. These benefits are calculated based on a rating, assigned by your primary physician. If the insurance company refuses to accept this rating, you’ll need to visit an independent medical examiner. 

 

Since the insurance company is allowed to choose the examiner, you may be assigned a much lower disability rating, which translates to lower payments. At attorney can protect you from this kind of mistreatment.

 

Contact a Workers Compensation Attorney for Representation

 

At King Simmons Attorneys, we focus on personal injury law, employment law, medical negligence law, and workers’ compensation law. We believe in getting employees the assistance and treatment they deserve. Contact our experienced team for representation!

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