People often make workers’ compensation claims without talking to an attorney about their rights. This can be the right approach for relatively minor injuries that can be resolved with one or two visits to a doctor and don’t raise disability or other long-term issues. But in many cases proceeding without an attorney’s help can be a serious mistake. An attorney can help a workers’ compensation claim in a number of important ways:
- Gathering all the facts. Someone who doesn’t handle workers’ compensation claims all the time may not know what information can be important over the lifetime of a claim. An attorney works with the client to gather all the important facts of the injury or disease, with special focus on documenting information in such a way that it can be used in any future appeals process. Evidence is always important but can be especially critical if there are potential grounds for denying the claim, such as questions about whether or not the injury was truly work related.
- Managing the insurer relationship. Workers’ compensation insurers would much rather deny every claim if they could. Their adjusters are hired to find every excuse to discourage, discredit, or deny claims. Having an attorney on the case does more than just help keep an eye on the insurer. It also can discourage the insurer from using wrongful methods that an attorney will catch. For example, insurers sometimes don’t provide clear notice of deadlines or required next steps. An attorney can ensure that such errors don’t leave the client without options or give the insurer an inappropriate opportunity to make the claims process more difficult.
- Keeping an eye on the medical examination process. Someone who has been seriously injured at work will need to submit to one or more medical evaluations by a physician selected by the insurer. The doctors who make these evaluations often have conflicting interests: to win repeat business from the insurer, an evaluator may have an incentive to scale back an initial diagnosis to something that will cost the insurer less. Patients can request that their attorney be present for most types of evaluation exams. The attorney’s job in these cases is to verify that the doctor is following prescribed procedures, and to ensure that the client can protect his or her interests during the exam.
These are just a few of the reasons for working with an experienced workers’ compensation attorney to resolve your claim. For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients get the most from their workers’ compensation claims. If you would like to speak to an attorney about your case, please call us today for a free, confidential consultation at 702-388-4476 or ask us to reach out to you through our contact page.