One of the most shocking things you might discover when filing a workers' compensation claim is how little your injury is worth. You might have a debilitating back injury due to an accident at work and discover that the compensation you receive is not enough to make up for your lost wages. In many cases, this is due to how your worker's compensation claim is valued in your state.
An Example of Why Some Injuries Aren't Worth a Lot
In California, the compensation for your injury is determined by the AMA Guides to the Evaluation of Permanent Impairment. However, workers have argued for years that the strict application of the manual often leads to very low worker's compensation settlements. Some doctors are forced to be creative to increase your rating and your eventual compensation.
Because worker's compensation law often does not make any sense to a layman, you should speak with a workers' compensation attorney to help you navigate the process. Oftentimes, there are mistakes you might make that could lead to your worker's compensation settlement to being even lower. For example, you might receive fewer benefits or have your claim denied if you fail to see the right doctor.
In some states, the workers' compensation insurance provider has the right to mandate that you see a doctor of their choice at least once. Not receiving medical treatment at all will especially increase the odds that you won't receive compensation for your injuries.
Make sure to notify your employer of your injury as soon as possible as there is often a deadline you must meet when notifying them. The insurance provider might also argue that you would have reported your injury sooner if you were hurt badly at work.
Make sure to also file all of your papers on time. Even if your injury developed over time, you must still follow a time limit. If you do not file on time, this will be used as an excuse to deny your claim. If you aren't sure which papers you should submit, make sure to contact a workers' compensation attorney.
There might be a dispute regarding the cause of your injury. For example, your employer might argue that you were engaging in horseplay. Your employer might argue that you had a pre-existing condition. All of these factors can lead to your claim being denied and you will need help from a competent workers' compensation attorney to prove otherwise.Share
25 June 2020
If you are injured in an accident, what is your first move? While getting medical care should be your first priority, the fact of the matter is that working with the right lawyer can be incredibly helpful in making it easier to prevent problems. For starters, your lawyer can talk with you about what to do in order to prevent problems with your paperwork, and he or she can chat with you about what to do when you start getting calls from other attorneys talking about the case. On this website, check out great tips and tricks you can use to prevent problems with your recovery from a financial perspective.