Did you just suffer an injury at work? And do you need an attorney to take up your matter? It is best to check out this Santa Ana workers compensation lawyer.
Asides the generic term of sustaining indisputable injury from work, what are the specific cases where you are eligible for workers compensation? There are so many and we will get right into them.
- Overexertion: this is most common in factory jobs where heavy lifting is usually the nature of the job. If your work hours are suddenly changed from maybe 3 hours per day to 13 hours per day, you may suffer from muscle strain because you will be working beyond your current abilities.
- Slips and falls: This is common in construction works and while there are best practises and safety precautions set by employers, cases of accidental slips and falls are unavoidable. Hence you are eligible for workers comp if you find yourself a victim in this scenario.
- Workplace violence: there have been many instances where workers have shot their coworkers in the past. Evidence can be found with the Bureau of Labour Statistics.
- If you are struck by any object, you are eligible for workers comp.
- If you get injured while handling a machinery or equipment or by a machinery/equipment you are eligible for workers compensation.
These are few out of the specific examples but do you really need a workers compensation lawyer to get your benefits from your employer? Not necessarily.
The workers compensation system is an administrative process and is relatively easy to navigate. If you have an indisputable claim and your employer/insurance company is being cooperative, by all means you don’t need a lawyer but if you have a claim that is not-so-straightforward or you are having difficulty reaching a consensus with your employer, by all means hire a lawyer.
You are unlikely to need a lawyer in cases where you have these scenarios playing out:
- If it involves injuries that are clearly work-related.
- If the injuries are minor and don’t require extensive medical treatment
- If it does not result in permanent disability.
- Doesn’t require extended leave from work.
These are instances where hiring a lawyer is necessary.
- If your claim is denied. For instance the insurance company may counter your claim saying it is not work-related or you filed the claim too late. You will need a lawyer to so you can appeal the denial through the workers compensation system.
- Your permanent disability rating is disputed. If the insurance company doesn’t agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer will help you get a higher rating, hence higher settlement.
- If you are receiving other government’s disability benefits, it may get reduced if you receive workers compensation but with the help of a lawyer you can minimize the rate at which your other benefits from the government are reduced.
- If the injury sustained results in your permanent disability, it is pertinent in your case to hire a lawyer who can help you get the highest possible compensation. If you do it yourself you may get cheated unless you have exceedingly great negotiation skills but even at that your emotions may drive you to make silly mistakes so it’d be better to hire a lawyer who can help you get a best deal.