Concentrating On How Workers Compensation Attorneys Handle Workers Compensation Cases
How workers compensation attorneys handle workers compensation cases depends on a number of factors
. While getting injured on the job can be disastrous, sometimes dealing with the paperwork and the court case is even worse.
The attorney submitting the application for the case will need a number of documents. A report of the injury suffered or disease contracted, must be obtained from the employer. This will contain general information about the person, their work responsibilities and details about the company. An attorney will assist the employee to fill out the form accurately. This form must be submitted to that state's Department of Labor and that employer's insurance carrier before the claim can be acted upon.
Next the attorney will assist the worker with the Notice of Accidental or Occupation Disease indicating what is wrong and how much the medical treatment will cost. Although this form should be signed by the employer, they can refuse to co-operate. A letter indicating that the employer does not agree with the claim lodged by the worker must be submitted with this form if necessary.
Every time a visit to a doctor or hospital occurs a Workers Compensation Medical form must be completed. Filed with worker's compensation insurance carrier 10 days after the medical visit, there is a fine for the employee of $2,500 for not completing it and the insurer will not be reimbursed. A doctor is required to fill out half the form after examining the employee and noting how far the healing process has progressed.
An injury or illness can last longer than half a year. In these case the attorney would have to complete a Report of Extended Disability giving the patient's data and an explanation for the problem. This is submitted to the Department of Labor.
The main reason why having an attorney is so important is because the employee will already be engaged in the healing process, which in itself can be stressful. Having to deal with litigation and reports as well makes the illness much harder to deal with.
Many attorneys concentrate their case load in one area of law. Conditions can differ so widely from one state to another that specialisation is necessary. A lawyer allows the client to concentrate on healing and takes over the legwork and annoyance of filing papers with the court.
Employers tend to be reluctant to settle worker's claims so an attorney who recognizes problems as they arise is essential. They have well qualified attorneys working for them who are prepared to do anything to protect the company's position.
Employers will try to prove via video footage or photographs that the injury did not happen on the job. The attorney acting for the worker will get expert witness statements on the cause of the injury, working conditions and long term consequences. Evidence from medical specialists will be obtained to support the case.
Getting hurt on the job can change your life into a disaster zone. An attorney who cares about the result is essential in workman's compensation cases, as the individual who is injured will need to have access to financial aid until the problem is resolved or indeed, for the rest of their lives.
by: Dan Hanni
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