Workers’ compensation protects employees who suffer on-the-job injuries. Most states allow injured workers to receive medical care and partial wage replacement without proving fault. However, navigating the claims process can be overwhelming. Insurance companies and employers often challenge claims. This causes delays or denials that leave injured workers without the benefits they earned.
If you suffer an injury on the job, a lawyer can help protect your recovery and financial stability—but what does a workers’ compensation lawyer do?
Understanding Workers’ Compensation
Workers’ compensation is a safety net for employees who are injured on the job. This usually involves physical injuries from accidents. However, workers’ compensation also covers occupational diseases that develop over time due to workplace conditions.
For example, the North Carolina Workers’ Compensation Act guarantees injured workers the right to reasonable medical treatment related to the injury or illness. Benefits can cover medical bills, prescription medications, rehabilitation, and other necessary treatments. Workers may also receive partial wage replacement benefits if the injury causes temporary or permanent disability.
Unlike a personal injury lawsuit, workers’ compensation benefits do not depend on proving fault. You won’t need to show that your employer negligently or intentionally caused your injuries. As long as you qualify and your injury happened on the job, you are entitled to benefits.
Primary Responsibilities and Duties of a Workers’ Compensation Lawyer
A workers’ compensation lawyer is a legal advocate for injured employees. They guide clients through the complex claims process, protect their rights, and fight to secure the benefits they deserve. While you don’t have to hire an attorney to receive benefits, the more severe your injuries, the more you can benefit from a seasoned lawyer’s help.
A workers’ compensation lawyer can:
- Review medical records, accident reports, pay stubs, and witness statements to evaluate your claim.
- Follow strict filing deadlines to avoid losing your right to benefits.
- Gather evidence to support your claim for compensation.
- Negotiate with insurance companies to reach fair settlements and avoid lowball offers.
- Represent you at hearings before the state workers’ compensation commission.
- If necessary, file and handle appeals.
Evaluating the Case During the Initial Consultation
During the initial consultation, your workers’ compensation lawyer will listen to your story. They’ll identify any potential coverage disputes and evaluate whether your injury meets all legal requirements. They’ll also explain how the claims process works and help you understand what to expect moving forward.
Filing and Handling Claims
Filing a workers’ compensation claim involves more than submitting forms. Your lawyer will prepare and file the necessary paperwork with the state workers’ compensation commission. This includes submitting supporting documentation to prove your injury occurred and how it’s connected to your employment.
Your lawyer will also track all the key deadlines. This helps avoid procedural errors that could result in claim denial or delay. Handling the claim properly from the start increases your chance of approval and timely benefits.
Navigating the Claims Process
You may face challenges like disputes over liability, the extent of your disability, or necessary medical treatment. Your workers’ compensation lawyer will resolve these issues by negotiating with insurers or representing you in mediation and formal hearings. They can also file motions or appeals, if necessary, to protect your rights and benefits.
Benefits of Hiring a Workers’ Compensation Lawyer
Navigating the workers’ compensation system on your own is overwhelming, especially when you’re recovering from injuries or an illness. Hiring a lawyer puts an experienced advocate on your side—one who understands state workers’ compensation laws and procedures and how to support your claim.
A skilled lawyer increases your chances of securing a fair settlement and receiving the benefits you are entitled to. Insurance companies often try to minimize or deny claims, but your lawyer will fight for your rights.
Your lawyer can be especially helpful if you face long-term disability or permanent partial disability (PPD). They will advocate for an accurate rating so you receive fair compensation. A “rating” is how most state workers’ comp boards assess the severity of a worker’s injuries. If you receive an inaccurate rating, you could miss out on the compensation to which you’re entitled.
In short, here’s what you gain by hiring a workers’ compensation lawyer:
- Extensive knowledge of local workers’ compensation laws and procedures
- Better chance of a fair and timely settlement
- Protection against aggressive insurance company tactics
- Overseeing paperwork and strict filing deadlines
- Strong advocacy for long-term or permanent disability benefits
Having a dedicated lawyer on your side can make a big difference in your recovery and financial security.
When to Hire a Workers’ Compensation Lawyer
The earlier you work with a skilled workers’ compensation attorney, the better. Early legal assistance helps prevent mistakes that could delay or jeopardize your claim. If your claim has already been denied or delayed, don’t worry—your lawyer can step in and challenge or appeal those decisions.
If you suffered severe injuries, significant lost wages, or long-term disability, an experienced advocate is even more important. Complex cases often require detailed medical evidence and careful negotiation to receive full and fair benefits.
When your injury involves a pre-existing condition, proving that your work aggravated or caused a new injury can complicate the process. Your lawyer can gather the necessary evidence and expert opinions to strengthen your claim.
If you experience retaliation from your employer after filing a claim, know that the law protects you. A lawyer can advise you on your rights and take appropriate legal action if you were demoted, fired, or suffered other retaliatory action.
Finally, if your offered settlement is insufficient, a lawyer can help you determine the true value of your claim and negotiate for a better outcome.
Contact Ted A. Greve & Associates Today
Having an experienced workers’ compensation lawyer on your side can make a significant difference in the outcome. You deserve someone who will fight for the full benefits you’re entitled to.
Ted A. Greve & Associates is dedicated to protecting injured workers in North Carolina, South Carolina, and Georgia. Let us help you move forward and heal. Reach out to our Charlotte office today for a free consultation.
