In this article, you will learn…
- What injuries are covered under workers’ compensation law,
- Why you need a workers’ compensation attorney, and
- When in the process you need a workers’ compensation attorney.
What Injuries Are Covered Under Worker’s Compensation Law?
Any and all injuries sustained in the workplace are covered under workers’ compensation law. Some may have more value or be worth more, but even mental and emotional injuries are recoverable.
When Do I Need A Worker’s Compensation Attorney And Should I Wait For Denial Or Hire An Attorney For Workers’ Compensation To Help With My Application?
Many people are a little hesitant about filing a workers’ compensation claim because they don’t want to get in trouble at work. They think that there’s going to be some sort of retaliation, such as termination or demotion.
Of course, retaliation is not permitted and there are laws in place to protect employees against that type of conduct by employers. Wrongful termination would allow for a separate type of lawsuit. So, an attorney can discuss this with a potential client and put their mind at ease about even filing their workers’ compensation claim.
Your employer is required to carry workers’ compensation insurance as a matter of law, and all you’re doing is making a claim on that insurance. You should never be afraid to make a claim if you’ve been injured in the workplace or in the course of your work.
Many larger employers are responsible for employees getting injured at work as a matter of business. They know this, they see it all the time, and they’re fine with employees making a claim and providing that employee with medical treatment. There’s typically no issue in these cases unless there comes a point as the employee is recovering when the carrier says they’re going to stop treatment and the employee feels that they need to continue treatment.
There may be other issues that arise with treatment, as well. This is when it becomes very crucial to have an attorney involved. An attorney can file the claim petition and get it on the court’s docket. These cases work where I’m routinely being called into the court and they go on the calendar in cycles. They meet a cycle in New Jersey of three weeks. The judge might tell an employee to come back in three cycles and I can update the judge on my client’s condition so that any issues have already been conferenced and the court knows about it before I bring the motion.
If there’s an issue regarding treatment, the attorney can tell the judge that they have a report from their client’s doctor saying they need more treatment, but their employer’s doctor is saying there’s no more treatment needed. The court needs to intervene and make a ruling on that. When you wait, it only prolongs things. Having an attorney who is already involved is able to ensure that things are happening.
So, I highly recommend involving an attorney early on in your workers’ compensation claim. Even when things appear to be going fine, there may be a dispute regarding treatment that you’re going to need an attorney to assist in resolving. An attorney puts your case on the court’s calendar so that any time there’s an issue, a motion can be filed and the court can intervene to resolve the issue.
When the cases get to the end of their lifespan and that permanent aspect of the injury comes into play, you’re going to need an attorney to ensure that you’re going to receive any necessary ongoing treatment. Carriers are good at providing temporary disability benefits almost voluntarily, but the permanency aspect of the injury is where the bulk of the compensation is.
At the end of the case, you need that attorney’s advice to make sure you’re getting a fair value for your case.
I get paid on a contingency basis, which means that I don’t get paid until the case has been resolved. Even so, I still recommend involving an attorney early, even if that means I’m going to be doing more work on your case. I’ll be making more appearances on your behalf, making sure your case stays on the right track, and advocating for you to make sure you’re going to get everything you’re entitled to receiving.
For more information on Injuries Covered Under Workers’ Comp Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (609) 356-0862 today.