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Although you do not have to prove fault in a workers’ compensation claim, they are not always as easy as you may think. On the other side of your claim is an insurance company that may try to make your life more difficult as a way of saving money. Not only is your workers’ compensation claim far from assured, but you may not get everything you deserve.
Should you hire an Atlanta workers’ comp attorney? What are the advantages and disadvantages?
Benefits of Hiring a Workers’ Compensation Attorney
An attorney can help show that you legally deserve benefits
First, to receive benefits, you need to show that you suffered a work-related injury. In some cases, this fact may be more straightforward than others. There are certain claims that the insurance company is more likely to challenge.
For example, if you suffer a repetitive motion injury or you are dealing with severe emotional issues, the insurance company may try to deny your claim. You should certainly consider hiring an attorney before filing a claim that may be more challenging. An attorney can help you document your claim, knowing what the insurance company is looking for when they review it.
A lawyer helps with the paperwork
Workers’ compensation claims require their share of the paperwork. You will need to complete the forms and provide the required documentation to show that you suffered a work-related injury. These forms can be somewhat difficult for the average person.
An attorney can handle the paperwork and ensure that your claim includes all the necessary proof to show that you are entitled to benefits.
A lawyer is crucial if you need to appeal
If you run into trouble with your claim, you will certainly need an attorney working on your behalf. A denial of your claim is not the end of the road. You still have the ability to show that you are legally entitled to benefits, and the insurance company does not get the last word.
However, the appeals process also has tight deadlines, and you must still make a persuasive case. If the claim denial was just the result of a misunderstanding, an attorney can engage the insurance company and help clear up any issues.
If you need to go through the appeals process, you will have the burden of proof to show that you suffered a work-related injury. Those who appeal have a decent chance of success when they utilize all available resources to show that the insurance company made a mistake. Your appeal can involve a complex examination of medical records to show that you really suffered an injury. Alternatively, your appeal may involve detailed testimony on how and when your injury happened to show that it is connected to your job.
A lawyer can help you obtain all available benefits
If you are granted benefits, you may have to fight to get all you deserve. One common area of friction between claimants and the insurance company is the medical care that you need to treat your injury. The insurance company is obligated to cover reasonable and necessary medical care related to your injury.
For example, if you injured your back, the insurance company may need to pay for a surgical procedure and rehabilitation. The legal obligation does not always mean that the insurance company will do what is required under the law. You may need to fight to get the necessary care, and an attorney can help you get all the benefits that you deserve.
Drawbacks of Hiring a Workers’ Comp Lawyer
Hiring an attorney affects your workplace
Your company should not retaliate against you for filing a workers’ compensation claim. However, your employer’s insurance rates may increase after a workers’ compensation claim, and they may be unhappy that you hired an attorney to fight for what you deserve. You may notice hostility when you can return to work if you had a contentious fight for workers’ compensation benefits.
You must compensate your attorney
In addition, your attorney will also be compensated for their work. They will be paid a percentage of the benefits that you receive, although the percentage is usually smaller than what an attorney will receive from any injury settlement. The good news is that your attorney takes the case on a contingency basis. If your claim is unsuccessful, even after the appeal, you will not need to pay your lawyer anything for their services.
Getting an attorney is not an automatic victory
Hiring a workers’ compensation attorney does not guarantee the success of your case. There is no such thing as a guaranteed victory in any legal case. However, your attorney can give you a better chance of getting the benefits you need to cover your legal care and pay for part of your lost wages until you can return to work (or permanently).
Contact an Atlanta Workers’ Compensation Attorney Today
At Moebes Law, we help individuals battle workers’ compensation insurance companies that try to tell them no or give them the runaround. We handle claims on behalf of injured workers and disabled veterans because we know that these people often need legal help when battling against an unforgiving system.
To schedule your free initial consultation with an attorney, call us today at 404-354-5432 or send us a message online.
Workers’ Compensation Case FAQs
How long will it take to get a hearing in front of a judge if my claim is denied?
The judge will schedule the hearing between 30-90 days after you file a request for a hearing.
Can I appeal if the administrative law judge did not rule in my favor?
Yes. Georgia law gives you the ability to go to the Appellate Division of the State Board of Workers’ Compensation if you have not yet won your appeal at the ALJ level.
Do I still owe my lawyer money if I do not win my case?
No. A workers’ compensation attorney is only paid if you win your case.
