4 Services A Lawyer Can Provide When Workers Comp Has Been Denied
Are you having a hard time taking care of your daily needs because you can't work after a job injury? If you tried to get workers compensation benefits and were denied, you still have the right to contest it. However, it is a good idea to allow a lawyer to help with the situation so you will have a better chance of coming out on top. Take a look at this article to learn about a few of the ways workers compensation lawyers might handle the case on your behalf.
1. Get Evidence to Prove Your Injury is Related to Work
The foundation of your case will be how much evidence there is that you were injured at work. A lawyer can interview your coworkers to find out if they witnessed the injury. He or she may ask them to sign affidavits if they are willing to do it, as some people might be afraid of losing their job. Your lawyer will also speak to your physician about your injury and get a signed document that details how it is likely related to your job.
2. Determine if You Can Work with the Injury
Your lawyer will speak to a professional in the vocational industry about how the injury has interfered with your ability to work. Basically, the vocational specialist will have knowledge about the type of health that is required to perform a job in your career field. The evidence provided by the vocational specialist will be used to prove to your employer that you are not taking work off for no real medical reason.
3. Calculate How Much Money You Should Be Paid
If you have a family to take care of, the lawyer will make sure their needs are considered when calculating how much you should be paid. Although workers compensation benefits are typically for medical expenses, the money can also act as disability benefits until you are able to work again. Your lawyer will consider how long you must be treated, as well as how severe your injuries are when calculating what you should be paid.
4. Try to Settle the Dispute with Your Employer
Your lawyer will attempt proving to your employer that the workers compensation benefits denial should be returned. He or she will be able to handle the dispute through mediation as long as your employer attends and a satisfactory agreement can be made. If mediation is unsuccessful, the dispute will turn into a lawsuit that is settled in court. Tell a lawyer about your need for workers compensation benefits so he or she can begin on your case.
