A workers’ compensation attorney is necessary when a worker’s claim for benefits is at risk of denial. A workers’ compensation attorney defends victims and helps ensure that they get their benefits quickly.
Workers Compensation Overview
Workers’ compensation is a legal process by which workers who are injured on the job can receive compensation for their injuries. It is a faster process than going through the courts, but workers waive the right to collect non-economic damages (i.e., pain and suffering) in exchange. Workers collect compensation for their lost wages, medical costs, re-training, and similar costs to recover from the injury.
In general, workers report the injury to their employer, who should provide them with the claim forms to start the process. The employer will refer the victims to their insurer (either third-party or self-insured). The claimants need to file the claim as soon as possible; the faster it is filed, the quicker they will get benefits. An adjuster will review the claim and may approve or reject it. If the claim is denied, the worker may appeal the claim to the insurer or the workers’ compensation board.
Workers Compensation Attorney: Construction
Construction is a dangerous industry and consistently ranks among the top ten most dangerous industries to work in – for injuries and fatalities. Thousands of construction workers are injured every year in the United States. A workers’ compensation attorney ensures that the claim is processed quickly. The faster a claim is processed, the faster an injured worker receives benefits.
An attorney also provides other benefits:
- Maximizes allowable benefits,
- Reduces paperwork issues,
- Communicates with insurance, and
- Explores civil claims if necessary.
A workers’ compensation attorney should be hired at the earliest possible point in the claims process to minimize the risk of issues. The later an attorney is employed, the more likely a claim might encounter an issue, which could delay compensation.
Injured workers should screen compensation attorneys before hiring one. For example, how long has the attorney practiced workers’ compensation? How much of their practice is devoted to workers’ compensation? How many are related to construction accidents? How many cases settle v. proceed to trial? What is the fee structure? Will the attorney cover out-of-pocket costs? These key issues will clarify if the attorney has the requisite experience to manage a construction workers’ compensation case.