Injured on the Job? When to Hire a Workers’ Comp Lawyer

An on-the-job injury is sometimes just a short-term road bump, but in other cases it can lead to a lifelong disability. What do both minor and major work injuries have in common? In both cases, you are due some form of workers' compensation. Although the process for filing and receiving workers' compensation may seem straightforward, it often becomes convoluted and the help of a lawyer is necessary. The following are signs that it is time to get legal help with your claim.

You have a permanent or long-term disability.

A broken arm or torn muscle may require some expense and time to heal, but often you are as good as new in time. These claims are often straightforward since they are small and for a finite period of time. If your injury looks like it will become a long-term disability, though, then you should retain a lawyer as soon as possible – even before your claim is fully filed. This is because these sorts of claims usually require more paperwork and evidence in order to clear. One mistake can set the process back or result in a denial of benefits. Keep in mind that even seemingly small injuries can lead to lifelong issues. For example, for many people their shoulder never works properly again if they tear their rotator cuff.

Your injury is "invisible" or has no immediate cause.

Some injuries occur over time. These usually fall into the repetitive use categories. Since there is no immediate catalyst to the injury like there would be with a broken bone or similar injury, proving that the job caused the injury can be more challenging. Other injuries are psychological, such as job conditions that lead to PTSD or anxiety. All of these types of injuries typically require more documentation than the more visible and traditional workplace injuries, particularly if they lead to a long-term disability or a need for treatment. A lawyer can help you through the hurdles when you need to file a claim for these types of injuries.

Your claim has been denied.

A denial on a workers' compensation claim isn't the end. You can usually appeal the decision if you file within the appeal window. To be successful, you must file the appeal on time and properly. Then, you must be able to show new evidence to back up your claim or to overcome the initial objections to your claim. Trying to do this on your own makes it more likely that a mistake or a key part of the process will be left out. For this reason, it is vital that you bring in someone with expertise on workers' comp, particularly denials, to help you with the process.

For more help with your claim, contact a workers' compensation lawyer, like Oxner + Permar, LLC, in your area.


Share