December 31, 2024 | Workers' compensation

The workers’ compensation system is designed to protect employees that suffer injuries or illnesses on the job. The system aims to be straightforward enabling workers to seek the benefits they need and access the medical treatment they require. However, as any worker that has gone through the process will attest, the process isn’t as straightforward. In reality, injured or ill workers often face challenges including disputes and denials.

At High & Younes, LLC, we’ve helped thousands of workers secure the benefits they need. Below, we discuss how the expertise of a workers’ compensation attorney can be invaluable in navigating the claims process.

How Legal Representation Can Make a Difference in the Workers’ Compensation Process

1. Filing claims properly

In order to file a workers’ compensation claim, the injured worker must fill the required forms and submit them to their employer. This is a crucial step as any mistake made such as missing a deadline or missing information can jeopardize your case. Working with an attorney can help you avoid common mistakes. They will help you fill the form accurately and submit it within the stipulated time. They will also help you gather and submit any supporting documents such as incident reports, medical records, photos of the scene and more. Your attorney will follow up with your attorney and the insurance company to ensure that your application was submitted and any required notifications given in good time.

2. Ensuring fair compensation

One of the biggest challenges workers face when seeking workers’ compensation benefits is recovering fair compensation. Many workers do not understand how to estimate their benefits and are likely to give in to pressure from their employers or the insurance company to take a low ball settlement. Working with an attorney can help ensure you receive just compensation.

An attorney can evaluate your claim and determine what benefits you qualify for and how much to seek. They can advocate on your behalf and pursue a fair settlement with the insurance provider. They will also pursue benefits such as permanent disability where applicable. Attorneys do this based on documentation such as pay stubs, medical bills, treatment records, reports from doctors and list of out-of-pocket expenses related to your injuries.

3. Navigating complex cases

Not all workers’ compensation cases are simple and straightforward. Some cases involve additional complexities such as a pre-existing condition, gross negligence by the employer or a third-party. These cases can be more complex to navigate. An attorney can help you pursue any additional legal remedies.

Attorneys can, for example, seek out your medical records and refer to medical experts in the case of a pre-existing condition. They can show that your injury is directly related to your job. Attorneys have access to resources such as investigators, medical experts and other experts. They will use their resources to address complications and build a strong case on your behalf.

4. Dealing with employer retaliation

While workers’ compensation also provides employers with protection from being sued by injured employees, paying a claim can result in higher premiums and other penalties to employers. Some employers react negatively and may take it out on the injured worker. Retaliation can take many forms including creating a hostile work environment, reducing the worker’s hours or pay, demoting the worker or even terminating the worker.

An attorney can help defend you or even prevent acts of retaliation. They can help you identify occasions that could be categorized as retaliation, file complaints with the appropriate agencies or even pursue legal remedies to hold your employer accountable. They will help protect your rights. You may require to provide the attorney with documentation such as written warnings from the employer, harassing emails, witness statements, previous performance reviews or complaints records.

5. Dealing with a claim denial

Not all claims are approved. In fact, even legitimate claims that seem straightforward may be denied. Denials can occur for various reasons ranging from errors on your claim form to lack of evidence or disputes. An attorney can investigate the reasons for the denial and take appropriate action. This may include filing an appeal and gathering evidence to present at hearings.

Your attorney will also represent you at the hearing or trial. They will present evidence and argue on your behalf. They will cross-examine witnesses and handle any legal formalities and procedural rules.  They will fight to defend your right to workers’ compensation benefits.

Work with Experienced Attorneys from High & Younes, LLC

Navigating the workers’ compensation system can prove to be a challenge especially when you’re dealing with an injury. The physical and emotional toll can be overwhelming. It helps to work with an experienced workers’ compensation attorney. The attorneys at High & Younes, LLC are committed to helping injured workers gain access to the financial benefits they need. Contact us to schedule a free consultation.

Omaha Representation for Workman’s Compensation Cases