Why Workers Comp Claims Are Disputed and the Importance of Professional Legal Counsel
If an employer or an insurer disputes a claim for workers compensation benefits, a hearing may be scheduled so the situation can be further evaluated. The employer and insurer will likely be represented by an attorney, so it’s important for the worker to have legal representation by a lawyer such as Mark A Simon. It can be very difficult for an individual to effectively act as his or her own legal representative in a workers comp hearing.
It’s important for business owners and workers comp insurers to not attempt to obstruct legitimate claims. They may dispute a claim if they do not believe the person has an occupational injury or illness caused by this particular job. A person working jobs for two different companies may run into this problem if there is any possibility the problem occurred because of the other occupation. Workers Comp cases also sometimes are disputed if those in charge think the person may have been injured at home or during a recreational activity.
Another dispute happens when the individual has a pre-existing condition that could theoretically be related to the claim. Older workers may be viewed somewhat prejudicially, with the idea that they may be more prone to injury in general and may want to blame the job for something that actually happened somewhere else.
A Lot at Stake
There can be a lot at stake for the employee in these cases. The person might have to be off work for weeks or months while recovering. Without fast approval of benefits, this individual is left without regular income. In some incidents, the individual is left with a permanent disability or long-term negative effects. The compensation should be exceptionally high in these cases.
Light Duty and Part-Time Work
The employer may have offered the employee a light-duty opportunity or a part-time schedule allowing this person the chance to transition back to full-time work. Employees may feel this is unreasonable, but it actually is relatively common as long as there is work to be done. If the employee does not feel ready, medical documentation from a healthcare practitioner verifying the need to delay will be necessary.
Lawyers providing representation for clients in the realm of workers compensation law know a great deal about this subject and how to achieve positive results. This typically is not an area of knowledge and experience for the person who was injured. Thus, having legal counsel can be important for a desired outcome.