Guidelines To Help You Avoid Common Complications That Arise In Worker’s Compensation Cases
Worker's compensation schemes are set up to ensure that if you get injured or sick in your line of duty, they will have something to fall back on. Once an employee is enrolled and claims workers' compensation benefits, they also waive the legal right to sue their employer for damages.
However, the process of claiming workers' compensation benefits is not always easy. Sometimes, it can even stop completely, especially when you do not have a lawyer's expertise to help you navigate the loopholes. Here are three complications that can arise when trying to resolve a worker's compensation case and how a good lawyer will help you resolve it.
When You Have Pre-Existing Conditions
Having a pre-existing condition can complicate the workers' compensation case for you. It gets even more complicated if you hide the fact that you had a health condition before the injury and the lawyers or insurers discover this fact during the case.
Most of the time, the lawyer and insurers will try and argue that your injury resulted from the pre-existing condition and not the work environment. If this happens, you will need the expertise of a lawyer to prove that if a healthy person without your condition had faced similar circumstances, they would also have been injured. A competent lawyer will help you avoid the denial of benefits based on pre-existing conditions.
When You Get Medical Complications After the Settlement
If you got a mild lung condition because of asbestos in the workplace, you can pursue the employer and get a settlement through their workers' compensation scheme. However, if the mild lung problem does not heal and eventually turns into cancer, you are still allowed to go back to court and have your case reviewed.
With a competent lawyer's help, you can have the case reviewed and get help with the increased bills.
When You Are Also Claiming Social Security Disability Insurance Benefits
A lot of people dealing with workers' compensation issues also have to deal with SSDI benefits. Most of the time, the SSDI will ensure that people who have applied for workers' compensation get less than 80 percent of their pre-injury earnings as compensation. For this reason, you need a competent lawyer to help you avoid losing most of your benefits to these bureaucracies.
The success of your workers' compensation case depends on the experience and skill of the work injury lawyer you hire for the process. Therefore, consult a competent lawyer will help you get a quick and favorable case resolution.
For more information, reach out to a local work injury attorney.