An effective workers’ compensation lawyer works with you during one of the hardest times to navigate. Whether you work in an office, a factory, or on the road, it’s not uncommon for people to get hurt.

When an injury from work hinders your ability to earn a living, workers’ compensation can be a crucial support system. By filing a claim, you can secure financial assistance to help sustain you during your recovery period. Our process is designed to provide you with the necessary compensation while you’re unable to work.

A worker injures himself on the job

Understanding Workers’ Compensation Claims: How an Injured at Work Attorney Can Help

Qualifying For Workers’ Compensation

Workers’ compensation falls under the insurance category. While employed, there is usually an insurance package that is offered through employers that directly covers any illness or injury that may happen on the job. This is assuming you were well within the scope of established duties when the unfortunate incident occurred.

An example of being within the scope of established duties is if you are in the construction industry and are injured on a piece of machinery that you use daily, you would be covered 

While that example is more sudden, there are also repetitive motion injuries, such as carpal tunnel syndrome can also be covered under the workers’ compensation umbrella. The key point to note is where you were and what you would have been doing.

Our attorneys handle on-the-job injury claims involving, but not limited to, the following: 

  • Muscular injuries, broken bones, torn ligaments, torn rotator cuffs, and herniated disks from lifting, pushing, or other actions; 
  • Sickness from exposure to toxins, including occupational diseases like mesothelioma or Black Lung; 
  • Head injuries like concussions or traumatic brain injuries (TBIs) from falling objects or falls; 
  • Tendonitis or other repetitive motion injuries;
  • Construction accidents;
  • Hearing loss or damage;
  • Cold and heat stress
  • Burn injuries from accidents like electrocution
  • Assorted injuries to the back, spinal cord, shoulder, eyes, knees, neck, hip, respiratory organs, ankles, wrists, feet, and hands.

The policy covers seasonal, full-time, and part-time employees, though there may be exceptions. The qualification requirements differ by state, but almost all of them do require it to be in place. Texas stands as the only US state that does not require private employers to purchase workers’ compensation policies, though public entities are required to.

Typically, once you are an employee you are covered. However, probationary requirements sometimes prove different.

Negotiating Workers’ Compensation

Though it may be hard to comprehend, workers’ compensation proceedings often include negotiation, which is just one area that makes the retention of an experienced workers’ compensation lawyer so valuable. 

This is especially true considering that the said negotiation process is often guided by regulations that must be adhered to. A seasoned legal professional not only maintains an understanding of these but stays up to date when they adjust.

One example is the approval process requirements that you may be unaware of. Typically, when a settlement agreement is reached, the state’s relevant compensation agency must approve it.

Remember that even if you choose to forego an attorney, your employer and insurance companies in question are not going to. Representing yourself in such a scenario would put you at a serious disadvantage and prevent you from getting the full extent of what you deserve.

The ideal process would begin with your worker’s compensation attorney submitting a demand letter detailing the amount desired for the settlement. While it may be accepted, the insurance company is much more likely to make a counteroffer.

These negotiations often carry on for days or weeks at a time. Upon agreeing to a settlement, it’s then sent to the state authority for review and approval.

Maximizing Settlement

After a workplace injury, your best chance of maximizing your settlement is to call in a professional. A workers’ compensation attorney understands the legalities of workers’ compensation claims and can calculate the amount you deserve as fair compensation for your injuries.

You have several obligations when seeking workers’ compensation, and your attorney ensures that you meet them. Some of them include:

  • Adhering to state and employer guidelines for injury reporting
  • Keeping relevant records including conversations, bills, etc.
  • Channeling communication to the insurance company correctly
  • Getting medical attention in short order and following the guidelines laid out by the doctor

It also helps to understand how you may be evaluated from a disability standpoint. The scale ranges from temporary partial disability to permanent disability. Essentially, the timeline of disability can be temporary or permanent, while the extent of the injury can be declared as a total or partial disability.

Why Employers Fight Claims

Navigating a workers’ compensation claim can often be challenging, and smooth processing is more an exception than a norm. Resistance from employers is common, and understanding their perspective can be difficult, especially when you expect support. This is where a skilled workers comp injury attorney can make a significant difference.

One major reason for employer resistance is concern over reputation. An incident leading to a claim might suggest an unsafe work environment, potentially affecting staff morale and the ability to attract and retain quality employees. A lawyer for work injury near me can help address these concerns effectively.

Employers sometimes suspect that workers might exaggerate illnesses or injuries to benefit financially from workers’ compensation claims. This skepticism is particularly strong if there’s a belief that the employee is seeking a way to earn without working.

Productivity concerns also play a role. Your absence, depending on your role and work ethic, could lead to a noticeable decline in productivity. This impact is often more pronounced in smaller companies, prompting employers to resist claims.

Additionally, each claim can increase insurance premiums, adding a financial burden to the business. Employers prefer to keep these costs low.

Many employees, fearing retaliation like job termination, might hesitate to pursue a legitimate claim. An experienced injured-at-work attorney understands that such fears, while real, should not deter you from filing a claim. Based on these concerns, they know that termination or refusal to file has no legal standing.

injured worker falls at work

The Importance of Hiring a Workers Comp Injury Attorney After a Workplace Accident

The necessity of engaging a lawyer after a workplace injury is a recurring theme in workers’ compensation discussions. Workers’ compensation can be a crucial support for those unable to earn due to a work-related injury. However, facing this process without a workers comp injury attorney often means confronting a lack of compassion and a daunting legal landscape.

Employers are often known for creating obstacles for injured employees seeking compensation – This is where your lawyer for work injury near me becomes an indispensable ally.

With an injured-at-work attorney by your side, you no longer have to grapple with the complexities of the claim process. Your attorney will guide you through essential steps, ensuring compliance and enhancing your chances for a fair settlement.

Navigating a workers’ comp claim involves considering various factors, such as the impact on social security disability insurance benefits. Your attorney is a legal advocate dedicated to your best interests in personal injury lawsuits. Their motivation is aligned with your success, providing a driven partner in your legal journey.

Employers may resort to unfair tactics or intimidation, banking on employees’ lack of legal knowledge. However, with a skilled attorney, you can face these challenges with others. Effective communication is a key part of what a workers’ compensation lawyer does, including liaising with insurance companies and employers on your behalf.

If approached by an insurance company before securing legal representation, it’s wise to inform them that you prefer to discuss the matter with your attorney present.

Frequently Asked Questions About Workers’ Compensation Claims

A few questions continue to emerge where workers’ compensation is concerned. Though the recommended course of action is always to get the specifics from your attorney, the answers below may give you a high-level understanding.

Who Is Eligible for a Workers’ Compensation Claim?

What Are Common Workplace Injuries?

What Happens If It Is A Catastrophic Or Fatal Workplace Accident?

What Does a Workers Comp Lawyer Charge?

What Does a Workers’ Compensation Attorney Do?

Can You Work And Get Workers’ Compensation?

How Much Can You Get In A Workers’ Compensation Case?

What Types Of Benefits Can Be Included In A Workers’ Compensation Claim?

We Are Ready To Fight For You!

At Alexander Shunnarah Trial Attorneys, we are a leading law firm with extensive experience in personal injury and workers’ compensation cases. Our commitment is to safeguard your rights and prevent exploitation in the wake of workplace injuries.

The first step is scheduling a free consultation with our worker’s comp injury attorneys. Our team is dedicated to ensuring you receive the maximum compensation you rightfully deserve in your workers’ compensation claim. Call us today for your free consultation.