Are you the one who’s thinking of filing a workers’ compensation claim? If you’ve been injured on the job, it’s essential to understand your legal rights and what you are entitled to. Unfortunately, insurance companies won’t tell you all of the facts upfront. So, What Workers’ Comp Lawyers Won’t Tell You? Here are a few things to keep in mind:
Make sure you get medical attention as soon as possible after your injury. This will ensure that all your injuries are documented correctly and that any treatment is considered for your claim. Now, if the insurance company denies or reduces your claim, don’t take their word for it – consult with an experienced attorney who can help review the situation and determine if there is an argument to be made against their decision.
Before you file your claim for workers’ compensation, there are some essential things to make note of. The workers’ comp insurance company has its own interests and may not want to pay out what is owed. Here are five things that the workers’ comp lawyers won’t tell you about filing a claim:
What Workers’ Comp Lawyers Won’t Tell You?
1. You Have the Right to an Independent Medical Examination at Any Time
The law specifies that insurance companies have the right to tell you who should be your doctor. Nevertheless, suppose you are dissatisfied with what your doctor says about your therapy regimen, and you may request an independent medical examination. To get this I.M.E., you should request a physician (Docter) from the insurance company adjuster or attorney.
If you and the adjuster consent, you’ll be able to pick the doctor you see. If the insurance company disagrees, the adjuster may propose some other doctors. If you and the insurance company can’t agree on a favored doctor, the adjuster might suggest other ones. In that case, the Court can require the insurance company to provide the I.M.E. with the doctor of your choice, or the Court will choose a different one for you to see.
2. Facts About Claim Days
When notifying your workers’ compensation insurance company of your accident by submitting your Notice of Injury (Form 18), they have 30 days to acknowledge your claim, deny your claim, or seek more time to investigate it.
With a workplace accident, you should fill out a Notice of Accident (Form 18) as soon as possible, within 30 days. The insurance company should let you know in writing of their decision before filing one of the forms listed below:
- Employers’ admission to employee’s right to receive compensation form → 60
- Denial worker’s compensation form → 61
- Notice of Employee’s Payment of compensation without prejudice or payment of medical benefits without prejudice form → 63
If 30 days have elapsed from your written notification and your Notice of Accident s filing, and you have not heard from your insurance company, contact an attorney. An attorney will be able to represent your case and provide you with assistance.
3. Your Employer Can’t Legally Fire you because You Have Filed a Worker’s Compensation Claim
Termination may be retaliatory discrimination, and some legislation protects you from this. Still, this is extremely difficult to prove because North Carolina law provides that any employee is an employee at will and usually can be hired or fired by an employer at will and with or without cause. You may not be fired if you cannot work due to your work injury. Therefore, you should contact a highly trained attorney to protect your interest.
Also read: How Much Does It Cost To Sue Someone?
4. The Insurance Company and Your Employer must Provide your Wage Information to Verify that You’re Receiving the Correct Disability Pay
Your insurer will issue you a weekly check if you continue to supply proof that your work injuries disable you. Once the insurance company agrees on the legitimacy of your claim and begins paying you this check, it should be two-thirds of your average weekly earning, which is the average of what you earned every week within the previous 52 weeks of your injury.
The formula presumes that you worked for your employer for 52 weeks (one year) prior to the date of your injury. If you worked for the employer for fewer than 52 weeks, the formula is more complicated, and you should consult an attorney.
Your employer must submit a wage form (Form 22) that shows the number of hours you worked each month and the total monthly payment. Using this form, you can verify that your employer pays the correct amount to you and that the insurance company isn’t cheating you.
5. Hiring legal Counsel Can Cost the Company Tens of Thousands of Dollars
Worker’s Compensation laws are often complex and are employed to help your employer and the insurance company. Of course, the insurance company doesn’t want you to hire legal counsel since you’re unaware of the advantages without one. For example, you have the right to mileage reimbursement if you must make a doctor’s appointment.
Understanding the laws that protect you is crucial, especially if your injury is long-term and you won’t have the capacity to return to work. An experienced attorney can help you get the help your member of the family needs and be sure you do not miss any benefits that will provide you with financial support throughout your disability and beyond.
Also read: What Happens If You Get Caught With A Fake ID?
FAQs
What Information Do Workers’ Comp Lawyers Typically Keep from their Clients?
There is information that lawyers either keep from their clients or don’t tell them about. One of those rights is the right to an independent medical examination (IME) at any time during the process. An IME allows an injured worker to receive a second opinion on their condition and treatment plan, which can prove invaluable when seeking workers’ comp benefits.
Why Would Workers’ Comp Lawyers not Disclose Certain Information to Clients?
When it comes to workers’ comp lawyers, there are certain things they will never disclose to their clients. This is due to the sensitive nature of these cases and the need for attorneys to protect their client’s rights.
Is it Common for Workers’ Comp Lawyers to Hide Information from Clients?
Is it common for Workers’ Comp Lawyers to hide information from clients? This is a question that many people have when they are looking for an attorney who specializes in workers’ comp law. Unfortunately, some lawyers do not always have their client’s best interests in mind and try to withhold vital information from them.
Is There a Way to Determine if a Workers’ Comp Lawyer is not Disclosing Information to a Client?
Firstly, closely observe your lawyer’s behavior throughout the process and pay particular attention to any suggestion of questionable practices, such as refusing access to paperwork or financial records, pressuring you into decisions, or pressuring opposing parties to settle cases quickly. Open communication between a client and their worker’s comp lawyer should be encouraged, so any reluctance from the lawyer could indicate they are withholding something from you.
Wrapping up
I hope you will enjoy this blog and quickly learn what Workers’ Comp Lawyers Won’t Tell You. No one wants to experience a work-related injury. But unfortunately, such accidents do happen. In the wake of an injury, it is essential to remember that you have rights and are entitled to compensation for your medical bills and lost wages.
Knowing the laws that protect yourself is essential; in that case, if your injury is permanent and you cannot return to work. Don’t give up your rights regarding workers’ comp – there are many things lawyers won’t tell you about workers’ comp claims. It’s essential to know those things to ensure your claim is handled correctly and that all benefits are provided as prescribed by law.
It’s also important not to let employers or insurance companies pressure or intimidate you into settling for less than what you may be owed in a workers’ comp claim.
