When Should You Hire an Attorney to Help With Your Worker’s Compensation Case?


For many people a work related injury can be devastating. Not only is there the pain and discomfort of the injury itself, but also stress over financial matters related to time off work and mounting medical bills. Employers are required to carry workers compensation insurance to help mitigate the financial burden caused by work related injuries, but this doesn’t mean that employees always end up on the winning side of a worker’s comp case.

Worker’s compensation insurance is based on a very specific set of criteria. It’s important to keep in mind that your employer’s insurance company not only provides a service but also have their own financial best interests to consider.

It isn’t all that uncommon for a workers' comp case to be denied. When this happens, the next best (and sometimes only) step is to hire an attorney and pursue the claim in Court. This can be a complex and time consuming process, however, under certain circumstances filing a lawsuit is absolutely the best course of action to take.

Here are a few examples of situations that call for pursuing a workers' compensation claim in Court with the assistance of an attorney.

False Information on Claims Forms

Inaccurate or misleading information on claims forms is one of the most common reasons that workers comp cases are denied. It can also happen that the employer or representative who took down your information and helped your with the claims form may have made an error themselves.

If your claim has been denied on grounds that you don’t understand or don’t quite seem to fit your individual case, you should immediately review your claim form for accuracy. Errors in dates, the circumstances of the injury, or the extent of the injury and treatment sought can affect the insurance company’s final judgment.

There Is a Dispute Whether the Injury was Work Related

Your employer’s workers compensation insurance company is going to scour your claim for evidence that your injury was not entirely work related. They may cite a preexisting condition or try to prove that the primary injury occurred outside of work and that the workplace incident only mildly aggravated an existing injury.

This is a common claims denial practice that you don’t have to accept. An experienced worker’s compensation lawyer can help you gather the evidence that you need to successfully pursue your claim on the grounds that your injury was in fact entirely work related.

Non-Compensable Injuries

Whether or not an injury is work-related isn’t always easy to determine. For example, injuries caused by work related stress can be incredibly difficult to prove. Likewise, an injury that occurs in a work related capacity while away from the employer's premises presents unique challenges in a worker’s comp case. While these cases can be complex, it is possible to reverse the insurance company’s decision with a strategic approach.

Work with a Trusted Birmingham Law Firm

If you’ve been injured in a work related accident and are being challenged by your employer’s workers compensation insurance company, we’d like to talk about your options. The process is complex and one you shouldn’t feel that you have to navigate on your own. Contact King Simmons Attorneys and speak with a professional in workers compensation law today.


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