24 Jul When Should I Hire a Workers’ Compensation Attorney?
Whenever an employee becomes involved in a dispute regarding workers’ compensation, he or she should consider consulting with an attorney on the matter. However, not every workers’ compensation issue necessarily warrants legal assistance. Below are some of the most common situations involving workers’ compensation in which legal representation is necessary.
- The employee’s claim was denied – Employees’ workers’ compensation claims are denied for a variety of reasons, but employees have the ability to appeal claim denials. However, due to the complex nature of this process, it is advisable to obtain legal representation prior to initiating an appeal.
- The employee has a preexisting condition – When an employee has a preexisting injury or condition that involves the subject of the workers’ compensation claim, it can be difficult to collect compensation. In such situations, the insurance company sometimes blames the injury on the previous condition rather than the work-related activity that actually caused it.
- The employee’s permanent disability rating is disputed – Many workers’ compensation claims are for permanent disability benefits. These types of benefits are calculated based on the injured employee’s permanent disability rating. However, if an insurance company doesn’t agree with an employee regarding his or her rating, it often requires attendance at an independent medical examination. Unfortunately, the doctors assigned to such examinations often provide much lower ratings than are warranted under the circumstances.
- The employee receives additional government benefits – An injured employee’s Social Security Disability Insurance benefits may be reduced following the receipt of workers’ compensation benefits. However, an experienced Arizona workers’ compensation attorney can often minimize this reduction.
- The employee is having difficulty obtaining required treatment – It is typical for insurance companies to deny necessary but expensive medical treatments. An experienced Arizona lawyer can negotiate with an injured employee’s insurance company to ensure that necessary medical treatments are received.
- The employee is having a workers’ compensation hearing – When an insurance company refuses to settle with an injured employee or makes an unacceptable settlement offer, the employee will likely need to prove his or her case at a hearing. Without legal representation, workers’ compensation hearings can be difficult to navigate.
- The employee’s ability to work has been affected – When an employee’s injuries are so severe that he or she may never be able to work again, it’s imperative that the employee appropriately structure workers’ compensation payments. An experienced attorney will help ensure that an employee who can no longer work is properly compensated.
Arizona Worker’s Compensation Attorneys
Workplace injuries can be devastating, both physically and financially. However, they are even more catastrophic when an employer or insurance company has wrongly denied your claim. Therefore, if you or a loved one have had a claim denied, it is highly recommended that you contact an experienced Arizona worker’s compensation attorney as soon as possible, as you may be entitled to compensation. For a free consultation, please contact Arizona Injury Law Group, Attorneys at Law, PLLC, at 602-346-9009.