Category Archives: Compensation

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Guide to Help You Navigate the Workers Compensation Claim Process

Category : Compensation

Making a Claim

First, you should know that millions of claims are submitted each year. Some are frivolous, but many that are denied are legitimate. Why do they get denied? The Workers Compensation claim process is not for amateurs. Here are some pointers to help you navigate the rough waters of the claim process of Workers Compensation.

Hire a Workers’ Comp Attorney

When it comes to making a workers’ compensation claim, the best action you will ever take is engaging the services of expert workers’ comp legal advice.

There is no such thing as a simple claim. A competent attorney will ensure you complete the right forms, provide accurate information, and meet deadlines. Legal representation often makes the difference between having a claim accepted and avoiding a reduced payout.

Your attorney will advise you whether you have a legitimate claim and what you need to do to navigate the workers’ comp claim system.

Know Your Benefits Plan

Make sure you know what your workers’ comp insurance plan covers before you need to make a claim.

For example: Does your plan provide short-term or temporary disability for those who have to be off work to recover?

Is there a permanent disability clause in your plan in case you are unable to return to work?

What medical treatments, rehab, or long-term care is provided?

If you are unable to return to the work you were doing is there a rehab/retraining clause in your plan?

What compensation exists for travel to specialists, treatment facilities, rehab centers?

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Report an Injury Immediately

When it comes to making a workers’ comp claim, time is of the essence. In order to have your paperwork in place, report your on-the-job injury to your immediate supervisor and your employer.

Each state has established deadlines for reporting. Don’t delay. Missing a deadline may well mean your claim is denied.

Seek Medical Attention

Do not adopt the “maybe it’s nothing” attitude. When that ache or stiffness turns into a chronic injury, if you did not seem medical help you won’t have the evidence you need to make a claim. Make sure there is a paper trail from the outset.

Keep Detailed and Organized Records

Retain copies of all paperwork regarding your workers’ comp claim. Get everything in writing! Have a letter about work restrictions, employer correspondence, correspondence from the workers’ comp insurance company, workers comp forms, accident report, reports from doctors, work restriction documentation.

See an Unbiased Doctor

If the doctor is affiliated with the workers’ comp carrier, there may be a conflict of interest and may thus, minimize the seriousness of your injuries. It is wise to seek a second opinion from a medical professional not employed by the workers’ comp carrier as soon as you can.

Expect to Undergo Medical Examinations

If your claim is significant and your injuries are serious, expect to be ordered to undergo a medical examination from an independent medical facility—perhaps one affiliated with workers’ comp. This examination aims to make sure your diagnosis is legitimate, and your treatment is necessary.

They Walk Amongst Us

It’s no exaggeration. Investigators are watching those who have made costly workers’ comp claims. Do not expect that, once your claim is approved, you are home free. If you are off work on a temporary to permanent disability or you are on extended rehab, your credibility is being scrutinized.

If Your Claim is Denied

Always be prepared to appeal workers’ comp decisions. That is another place where having an attorney who specializes in workers’ comp cases is necessary.


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Workers’ Compensation Attorney

Characteristics of a Good Workers’ Compensation Attorney

Category : Compensation

When it comes to your Worker’s Compensation claim, few things are more important than having an excellent attorney on your side to explain and defend your claim.

When you have a subpar Workers’ Compensation Attorney representing you and your interests, it is far less likely that the panel that is reviewing your case will see the merits of your claim. They may doubt the nature and extent of your injuries, the pain, and suffering that you have experienced, and may cast doubt on the necessity of awarding financial compensation.

On the other hand, when you have retained the services of a top Workers’ Compensation Attorney, you can rest assured that your case will be settled in your favor and you will receive the compensation that you are undoubtedly due.

There are four characteristics that are shared among the best attorneys practicing within the field of Workers’ Compensation. Selecting a lawyer who embodies these characteristics is a surefire way to ensure that you will be appropriately represented and your case will be heard and understood by those who are determining its outcome.

#1 – Determination

Determination is perhaps the single characteristic that separates an adequate attorney from a truly excellent one.

#2 – A top Workers’ Compensation Attorney will be extremely determined to ensure a positive outcome for your claim and will stop at almost nothing to ensure that you receive maximum compensation for the hardships or disability that occurred while you were on the job or in the workplace.

If your lawyer has a strong reputation for being extremely determined to win cases and doing everything he or she can possibly do to aid the cases of their clients, then they are likely to be an excellent Workers’ Compensation Attorney.

#3 – Charisma

When it comes to the legal field, there are few characteristics more important than charisma.

An engaging and charismatic Workers’ Compensation Attorney will know the right things to say to the panel that is hearing your case, and how to say things in a way that will captivate their audience and make them understand the merits of the case for providing substantial financial compensation.

#4 – Organization

The legal subfield of Workers’ Compensation is confusing and fraught with paperwork and confusing processes. There are many important documents that need to be filed on time and in the right place in order to have your claim heard in a timely manner.

Any top Workers’ Compensation Attorney will be on top of the administrative processes required for your claim to be submitted and will make sure that everything that needs to be done is done. This avoids unnecessary delays and adds additional weight to your claim as well.