Workers’ Compensation Lawyers Help When Claims Are Denied

by | Nov 24, 2015 | Worker's Compensation

When someone is seriously injured on the job and the employer or the organization’s insurer denies the workers’ compensation claim, this person may start thinking about filing a lawsuit. In most cases, however, lawsuits aren’t allowed in these circumstances, instead, workers’ compensation lawyers can figure out why the claim was denied and effectively appeal that denial so the individual can start receiving deserved financial assistance.

The workers’ compensation system was set up to benefit both employees and the companies they work for: employers are protected against lawsuits and workers receive most of the wages they lose during recovery. The workers also have their medical care fully paid for, including ongoing treatment such as physical therapy. If the individual suffers an injury that has permanent effects, such as losing a finger, workers’ compensation benefits provide a financial payment for that loss according to standard guidelines.

The system is relatively straightforward, and usually workers’ compensation lawyers don’t need to get involved. Sometimes, however, the insurance company that provides an organization’s workers’ comp benefits disputes a claim. In other cases, the employer suspects something is odd about the claim. There may be reason to believe the employee was actually injured before arriving at work and then pretended to get hurt on the job, for example. There may be suspicions that an employee is faking the seriousness of an injury, for instance, people who claim serious back pain after doing a repetitive task for several weeks may not have any diagnostic evidence to prove this as X-rays may not show the strain of overuse. The insurer may require the individual to have a medical exam by an independent examiner in addition to his or her own doctors.

In all these cases, a workers’ compensation attorney can help by making sure the person has complied with all the requirements and by appealing the denial. It can be hard to get to a lawyer’s office after a serious injury since the individual may be unable to drive or even to ride in a car. A lawyer such as Duane E. Thomas will come to the injured person’s home for a free consultation. View the website for further details.

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