Some medical conditions arise gradually following workplace injuries. Although compensable under workers’ comp law, their symptoms, impairments and complications do not appear in lifetime medical awards.
Injuryd employees may have additional claims for compensation under employment and civil rights statutes. Unfortunately, not all workers’ compensation attorneys take these third-party lawsuits seriously.
1. They don’t know your state’s laws
Many attorneys who practice workers’ comp have extensive experience, yet may be unfamiliar with all the laws related to workplace injuries and workers’ comp in your state. These laws cover procedural rules, claim elements and timelines as well as damages available; if your lawyer doesn’t handle many similar cases it could compromise your claim.
Whenever an injury occurs at work, it’s imperative that symptoms be reported promptly to both your employer and insurer. Even if your injury seems minor, failure to disclose it could mean denied benefits claims. Furthermore, keep records of any medical treatment you undergo – be sure that any provider approved by insurance follows workers’ comp pay schedule and avoid cancelling or missing appointments; finally arrange follow up appointments promptly so as not to leave without taking necessary measures.
No matter the cause of your job injury – whether an accident occurred or you’ve been diagnosed with mesothelioma – an experienced New York workers’ comp attorney will defend your rights and fight for maximum compensation from employers and insurance companies that attempt to deny or delay claims, which makes hiring one more important than ever.
Although accepting an easy settlement may be tempting, doing so could have serious repercussions. Settling too soon could result in missing out on money you are entitled to for permanent disability, wage loss and lifetime medical care needs. Furthermore, your employer is likely to stop paying workers’ comp benefits once a settlement has been agreed upon; and if third-party contributors contributed to your workplace accident they could also file separate personal injury suits seeking additional damages.
2. They don’t know your medical condition
Maintain a record of your symptoms, medical diagnosis, and follow any treatment plan prescribed by your physician. Also it would be a good idea to document everything postinjury such as any medications received and formal statements given to insurance representatives; this will enable your workers’ comp lawyer to defend you in case there is any dispute regarding benefits denial or allegations that you’re not taking what your doctor orders.
If the insurance company or vocational rehabilitation counselor alleges that you are not cooperating or do not fit within the work restrictions, they could deny your workers’ comp benefits. An experienced workers’ comp lawyer can explain to them why this action would be unfair and should not happen.
No matter if it was caused on-the-job or not, whether a neck injury has just occurred or you’ve been struggling with mesothelioma, contact Pasternack Tilker Ziegler Walsh Stanton & Romano today for a free evaluation of your case and we will conduct a complete analysis and provide advice regarding your workers’ comp claim options.
4. They don’t know how much your claim is worth
No one likes being treated unfairly by their employer or insurer when filing a workers’ comp claim, so it is crucial that you find an experienced workers’ comp attorney quickly after experiencing injury.
Bad workers’ comp attorneys often try to pressure their clients into early settlement, before knowing the full extent of their injury and disability. Unfortunately, this can be very costly for an injured worker in terms of lost income, medical treatment costs and other expenses.
If your attorney pressures you into agreeing to a settlement before reaching maximum medical improvement (MMI), this could erode away at your rights to file a bad faith suit against your employer and/or insurance provider for bad faith behavior. This would be a costly error; injured workers should have the ability to cash out their lifetime medical award and pursue third-party lawsuits against employers for retaliation, discrimination or any other unlawful acts in addition to weekly workers’ comp benefits.
5. They don’t tell you to seek Social Security disability benefits
Rules of professional conduct prevent lawyers from discussing their clients’ cases with other attorneys without first getting permission from them, making this rule especially relevant in workers’ comp cases where every state has different procedural rules, claim elements and timelines – as well as many nuances surrounding claims in general. Furthermore, an excellent workers’ comp attorney will keep you updated as your case progresses.
Your Capital District workers’ compensation attorney can be invaluable in helping you obtain maximum benefits under state laws, and avoid making errors that could damage your case – for instance if you fail to report an incident accurately and follow medical advice, insurance companies could deny or reduce benefits accordingly.
Uninjured workers sometimes make the mistake of failing to file for Social Security disability benefits after suffering serious work injuries that lead to permanent partial disability. Such benefits provide additional income during recovery from such injuries and may serve as an essential source of relief during their healing.
Experienced workers’ compensation lawyers can also damage your case, by pressuring you into making decisions too quickly or signing documents that restrict or limit your rights or do not adequately protect them. A bad attorney might ask you to give a recorded statement before the workers’ compensation commissioner or agree to let an insurer’s vocational rehabilitation counselor make decisions regarding future employment prospects.