Why Would You Need A Workers’ Comp Attorney?

The whole point of workers’ compensation is to avoid lawsuits. The benefits exist to help injured workers maintain income and protect employers from being sued. For the most part, this is a system that works pretty well. But no system is perfect. Navigating these benefits can be complicated and not everyone plays fair. When obstacles get in the way of an injured workers’ recovery, the smart path forward may be to hire a workers’ comp attorney. These professionals are experts in these systems and are an invaluable asset. But how do you know when it’s time to hire a workers’ comp attorney? In what situations would you need one? 

Denial of Claim

Nobody likes to be told ‘no,’ especially when it comes to workers’ comp claims. A denial of a claim is one of the most common reasons that an injured worker would seek the aid of a workers’ comp attorney. Insurance companies may deny claims for various reasons that they will state. But the real reason is that insurance companies do not make a profit when they pay out a claim. They have every incentive in the world to deny a claim and they will find a reason, even if it’s nonsense. A workers’ comp attorney can assist in appealing that denial by gathering any necessary and relevant evidence, negotiating with insurance companies, and being an advocate for their injured client. Having that kind of representation can make all the difference between a denied claim and a successful appeal. 

Disputed Benefits

If the insurance company doesn’t outright deny the claim, they may “nitpick” on the amount and type of benefits they are supposed to provide. Employees and workers are entitled to those benefits under the law. But employers or insurance companies may sometimes contest the extent of an injury or whether or not certain treatments are needed. They are not necessarily qualified to make that judgment, but make it they will. A workers’ comp attorney can argue for the full range of benefits the injured worker deserves. 

Retaliation or Discrimination

Employees and workers injured on the job are well within their rights to file for workers’ comp benefits. But some employers don’t respond very constructively to that filing and that may result in retaliation or discrimination. This includes reduction in hours, demotion, hostile work environments, or even termination. Retaliation is illegal, and injured workers have the right to pursue action against their employer for it. A workers’ comp attorney is the kind of attack dog you want in these battles. They don’t end well for employers. 

Complex Cases

Workers’ comp benefits are complicated. Healthcare is complicated. Combining the two can be overwhelming for injured workers. When you’re dealing with the potential of third party liability, pre-existing conditions, occupational diseases, and insurance company negotiations, etc. you need someone with institutional know-how on your side. For example, a Philadelphia workers compensation attorney is in a unique position given the broader demographics and industry of the city. Philadelphia has a very robust healthcare industry and workers’ comp attorneys in the city are able to pull from those resources in order to effectively navigate the benefits on your behalf. 

Settlement Negotiations

Most of the time, workers’ comp disputes end in settlement instead of going to trial. Trials are time consuming and very expensive. A very scant few actually enjoy going to trial. If you can avoid a trial, you should. Settlements are almost always the preferred method to resolve a workers’ comp dispute and that requires a skilled negotiator - a workers’ comp attorney. Their role as a negotiator can ensure that all medical expenses, lost wages, and any other damages are totally covered. Negotiating can be a minefield and you want an expert advocating for you in these situations. 

Workers’ Comp Attorneys Are Advocates

In a perfect world, filing for workers’ compensation benefits would be no big deal. But we don’t live in a perfect world and people don’t always play fair. When that happens, a workers’ comp attorney is your best bet for a fair outcome. They handle things you won’t be able to handle yourself such as filing paperwork, gathering evidence, and negotiating with insurance companies. These professionals provide injured workers with the peace of mind they need in order to recover fully and jump back into the game.