Por qué necesita un abogado de lesiones laborales.
If your injuries are clearly work-related, necessitate extensive medical treatment within the MPN (Medical Provider Network), involve prolonged periods of time off work, or result in permanent disability (PDA), it is advisable to seek the guidance of a workers’ compensation lawyer. Hiring a workers’ compensation lawyer can prove highly beneficial for many workers. Here are specific instances where the expertise of a work injury lawyer, specializing in Workers Compensation, is indispensable.
- Denial of your claim: Large employers such as Amazon, workers’ compensation insurance companies, or third-party administrators like Sedgwick often deny workers’ compensation claims for various reasons. For instance, the insurance company may argue that your injury is not work-related, it is a result of a pre-existing condition, there is insufficient medical evidence to support your injury claim, or you filed your claim too late. To contest such denials through the workers’ compensation system, you will require an experienced work injury lawyer who can adeptly employ legal tools to gather evidence and present your case effectively to defense attorneys, insurance companies, and workers’ compensation judges.
- Dispute over your permanent disability rating: The majority of workers’ compensation settlements and awards comprise permanent disability benefits, commonly referred to as PD and PDA. These benefits are calculated based on your permanent disability rating. If the insurance company disagrees with the rating determined by your primary treating physician within their medical provider network, they may require you to undergo an independent medical examination known as a qualified medical evaluation (QME). Selecting the right doctor for this evaluation is crucial to the outcome of your case. Choosing the wrong doctor could provide the insurance company with grounds to justify a lower settlement amount. A work injury lawyer is essential in securing a fair settlement or presenting a convincing argument to the judge during trial, if a settlement cannot be reached.
- Preexisting condition: If you have a pre-existing injury or condition involving the same body part that you injured at work, you will face significant challenges with the workers’ compensation insurance company. They are likely to attribute your work injury to your previous condition rather than your work activities, a practice known as apportionment. Your pre-existing condition can be genetic, congenital, an old injury, or even something asymptomatic that you were unaware of. This is particularly true if your injury developed gradually over time rather than as a result of a single work accident, known as a repetitive work injury or cumulative trauma. If you find yourself in such a situation, it is highly recommended to contact us immediately, as there are various rules and timelines that may apply to your case. Remember, your wages were earned for your time and effort, not for the well-being of your body parts.
- Difficulty obtaining necessary treatment: Insurance companies frequently deny or delay approval of medical treatments, including surgical procedures. Engaging a lawyer ensures that you have access to a qualified primary treating physician within the MPN who understands how to effectively prepare requests for authorization (RFA) for the required medical treatments.
- Impairment of your work capacity: In the event that you are permanently unable to work or unable to resume your pre-injury occupation, it is crucial to maximize your workers’ compensation benefits. An experienced work injury attorney, preferably certified as a specialist in Worker’s Compensation law, can assist you in planning for your future. If you are unable to return to your job or if your employer does not offer modified work options, a workers’ compensation attorney can help you secure job retraining and financial benefits for your future.
By seeking the expertise of a workers’ compensation lawyer in these situations, you can navigate the complexities of the system and optimize your chances of obtaining the compensation and support you deserve.