On the surface, worker’s compensation law seems like a pretty simple situation: you get hurt at work, your employer’s workers’ compensation insurance pays for your medical bills, lost wages, pain and suffering. Simple! But in MOST cases, it actually isn’t. Though the principles involved are simple, the application of them can be quite complicated. Your employer’s insurance company doesn’t want to pay. The facts of the case may not be as clear to everyone else as they are to you. Your employer or their insurance company may try to discredit you or cast doubt on the severity of your injury or your prognosis. So, generally, if there is any degree of complexity to your workers’ comp claim, you should hire a lawyer. Here are three instances where it’s absolutely essential that you get an experienced workers’ compensation attorney on your side as soon as you can.
Your employer will not accept your claim
This happens all too often. An employer will reject a claim, assuming that the claimant will not or does not know they have the right to appeal their decision. An employer may also delay paying on a claim … and delay … and delay … assuming that the claimant will not want to go to the effort, or the risk to their job, to follow up on their payment. If your employer is delaying payment, or refusing payment, then you should speak with a workers’ comp lawyer. When you’re injured at work, you’re on a deadline – here in Ohio, you have 14 days to file a claim, and if it’s denied, you have 45 days to file an appeal. The process can move very quickly when you’re not accustomed to it. An experienced workers’ comp lawyer can help you file paperwork and stay on top of deadlines.
You cannot perform work because of your injuries
If you can’t return to your job because of your injuries, then you may be entitled to benefits which can help supplement the income you are not receiving from work. Each situation is different, and a workers’ compensation attorney can provide guidance as to how to secure the benefits to which you are entitled.
If a settlement offer has been made
If your employer, or the Bureau of Workers’ Compensation (here in Ohio – your state may call its worker’s comp authority something different) has offered you a settlement, you should seek the advice of an attorney prior to accepting any offer. Settlement may be the right decision for some, but others are better off leaving their workers’ compensation claims open. If a settlement offer has been made, a workers’ compensation attorney can evaluate the offer to determine if it is in your best interest and will truly cover all of your expenses. The value of a workers’ compensation settlement has to take into account the total lifetime costs you are likely to suffer as a result of your injury, so it is important to speak to someone who can truly understand the value of your claim – from lost wages to medical bills to pain and suffering. This prevents you from accepting an offer that falls short of the true value of your claim.
It would be best if every person injured on the job got the help and advice of an experienced workers’ compensation lawyer to make sure that their rights are protected and they are able to maximize their eventual settlement. But if your claim is complicated by any of the issues above, it’s especially important. If you’re in the Cincinnati area, you can call on us here at Clements, Taylor, Butkovich & Cohen, LPA, Co., and we will help look out for you.