Pittsburgh Worker’s Compensation Attorneys
When a person suffers from a work injury can have devastating effects. Not only you are injured and cannot work, but you are also worried about your source of income. However, you can apply for a worker’s compensation claim. The steps can be daunting, and many employers and their insurance companies are not keen on giving the benefits due to the employee as dictated by the law.
To make sure that all your rights as an employee are protected, you need to contact a Pittsburgh worker’s compensation lawyer immediately.
Hiring a Lawyer for Worker’s Compensation
There are cases when the processes involved in filing a claim can be smooth and easy so that you can get the benefits without too much confusion and trouble. However, there are some cases where the process can be confusing and stressful for the worker.
This is the reason why you need to get advice from a personal injury lawyer from a highly reputable law firm. They must be knowledgeable of the worker’s compensation law. It will not only make the process of filing the claim and the review process more manageable, but it will also help you get the compensation that is due for you under the insurance plan for worker’s compensation.
What is Worker’s Compensation Law?
The law mandates compensation for employees who got injured or fell ill directly because of their jobs. It is in the form of insurance, which, in turn, gives the benefit to the employees. The employers pay the premium for this insurance and do not require the employee to contribute or deduct from their compensation.
The government agency manages the weekly cash disbursement and medical care through the insurance carrier of the employer. It is also this same agency that processes the claim and mediates if necessary, determining whether the insurer should release the benefits, the medical care, and other amounts payable to the employee.
In the worker’s compensation lawsuit, no party is at fault and the amount to be paid to the claimant is not influenced by the carelessness of the employee and the failure of the employer. However, the employee may lose their right to compensation if it was caused by the worker’s intention to cause injury to himself or others and if he or she is under the influence of alcohol or drugs.
The claim is released only when the insurance carrier or the employer finds the illness or injury work-related. When there is a dispute on the claim by the employer or the insurance carrier, no cash or benefit will be released until the worker’s compensation law judge makes a decision.
When to Hire a Worker’s Compensation Lawyer?
In Pittsburgh, if the injuries that you have are not work-related require long-term medical treatment, or result in a permanent disability, you need to have a worker’s compensation attorney. However, not all injured workers need to hire a lawyer. The primary reason is that the system that administers the worker’s compensation is supposed to be easy to navigate.
When your claim is simple and straightforward and is not disputed by your company and its insurance company, then you probably can handle the claim on your own. However, the procedure is not always straightforward. Many employees will have to or can benefit if they have a Pittsburgh worker’s compensation lawyer.
When a Worker’s Compensation Lawyer is Not Necessary
As mentioned, there are cases when hiring a compensation lawyer is no longer necessary like when it is a minor injury that took place at work but heals entirely after the treatment. Likewise, it is unlikely for insurance companies to dispute any claims if they are:
- The injuries sustained are work-related
- It does not need extensive medical treatment
- It does not involve being absent for a more extended period
- It does not result in permanent damage
Typical Cases When a Lawyer is Necessary
On most occasions, any time that you are in dispute with the insurance company, you should have a worker’s compensation attorney by your side. You also need evidence if you want to challenge the position of the insurance company. It may include taking depositions, requesting an independent medical exam, and hiring witnesses. All these situations require skills and knowledge of the legal system.
Here are some of the situations when hiring a lawyer is necessary:
When the claim is denied
There are many reasons why insurance companies deny employees their claim for compensation. It can be because the claim is filed too late or the injury is not work-related. The denial can be appealed through the worker’s compensation agency. The appeals can vary between different states. This requires filing the formal paperwork, using legal tools to gather the evidence, and present the case in a hearing.
When the permanent disability rating is being disputed
The majority of the settlements for worker’s compensation are for permanent disability. These benefits are being determined by a permanent disability rating, a rating assigned by the treating doctor. When the insurance company does not agree with the rating, they will ask the employee for an independent medical examination conducted by their accredited doctor.
The doctor may give a lower rating for a much lesser benefit. In this case, you need a lawyer for you to get a fair settlement.
You will have a worker’s compensation hearing
If the company does not agree to settle or only make a lowball offer, the only way to get a fair settlement is to prove your case in a hearing. Even if this is only a mini-trial, you still need a lawyer to represent your case.
It is essential to contact a Pittsburgh worker’s compensation lawyer because they can provide you with the correct guidance on your next course of legal action, in case there is a need to. Every day insurance companies are denying legal claims that leave the injured worker and their families struggling to keep up with the expenses. When you have a lawyer by your side, you can rest assured that your claim is handled correctly.
Getting injured while working is already traumatic and the last thing you need is to worry about your rights and whether you will get the benefits that you deserve. When you need a lawyer, contact your Pittsburgh worker’s compensation lawyer now.