WHEN YOU SHOULD CONSULT A WORKERS' COMPENSATION LAWYER

You can process workers' compensation benefits without consulting a lawyer. However, legal consultation is advisable for complicated cases. A workers' compensation lawyer can help you preempt and deal with the complications, thereby maximizing your benefits. Below are some issues that trigger the need for a lawyer.

Employer Difficulties

An injured employee, their employer, and workers' compensation insurance all have duties to ensure the injured worker receives the benefits they deserve. For example, the employer should:

• Provide emergency medical care immediately after a worker reports an injury
• Complete an injury report for the injured worker
• Report the injury to workers' compensation insurance
• Comply with all requirements from workers' compensation insurance
• Not retaliate against you for filing a workers' compensation claim
  

Most employers know and execute their duties, but some might not want to cooperate. Consult a lawyer if your employer is one of the difficult ones. The lawyer will know what to do to get you the compensation you deserve.

Claim Denial

You should also consult a lawyer if workers' compensation insurance has denied your claim. Maybe you didn't:

• Follow the right procedures
• File your application in time
• Provide all the relevant documents
• Prove the injury's connection to your work
  

The lawyer will evaluate your case plus the initial application and help you appeal. Say your employer's injury report wasn't accurate enough, and workers' compensation didn't see the work-injury connection. Your lawyer may spot where the problem is, iron out the difficulties, and help you get the benefits.

Insufficient Benefits

Workers' compensation benefits aren't arbitrary; the law determines the specific benefits each injured employee deserves. For example, depending on the nature of your injuries, you should get:

• Reimbursement for medical treatment
• Compensation for lost wages
• Disability benefits
• Vocational rehabilitation
  

State law also determines the value of these damages. In some cases, you might not get all the benefits you deserve, or you might not get the exact amount you should get. Consult a lawyer if you feel the calculation has given you fewer benefits than you deserve.

Permanent Disability

Two things mean you need a lawyer if you have suffered a permanent disability. First, compensation for permanent disabilities should be higher than compensation for cases without disabilities. The more potential benefits, the higher the stakes are should something go wrong. Thus, permanent disability requires you to err on the side of caution and hire a lawyer.

Secondly, the calculations for permanent disability benefits are not always straightforward. For example, the calculation of permanent disability benefits in Missouri involves:

• The affected part of the body
• The severity of the injury
• Your average weekly pay
  

Average weekly pay and injured part of the body can be relatively easy to figure out. However, the severity of the injury is a common cause of dispute. A lawyer can help you prove your injury's severity.

Preexisting Conditions

Workers' compensation only compensates for work-related injuries. Workers' compensation has to determine which of your injuries stem from the latest accident and which ones are preexisting. This determination isn't always easy, and you can easily end up shortchanged. Using a lawyer from the beginning is a good way to preempt these difficulties,

Simultaneous Government Benefits

Lastly, you should also consider a lawyer if you are receiving or expecting government benefits. For example, Social Security Disability Benefits (SSDI) can affect your workers' compensation benefits. The effect arises because you shouldn't get double compensation for the same injury. Luckily, a lawyer can help you minimize this effect.

Spooner & Perkins P.C., Attorneys at Law, has been active in the workers' compensation industry for over 55 years. We understand the difficulties workers go through when pursuing workers' compensation benefits. Contact us for a consultation to help you recover your benefits as you focus on recovery.