Did you know that direct compensation fees cost US employers $ 1 billion a week? That’s a whopping $ 4 billion a month in direct worker comp costs alone!
If you take into account the real cost of accidents at work, these monthly expenses increase by at least 350%. In 2018, for example, accidents at work cost US companies a staggering $ 170.8 billion. That’s over $ 14 billion per month, hence the 350% difference.
These statistics already show how expensive accidents at work are. Unfortunately, there are many situations in which employee claims for damages are denied.
In such cases, a disability insurance attorney can be your rescue.
Ready to learn how exactly an employment law attorney can help when you need to make a claim? Then let’s get started right away!
What is an Employee Compensation Attorney?
In the United States, all lawyers have bachelor’s degrees and law school. As a law graduate, you obtained your doctorate in law. All practicing attorneys in the United States have also passed the state bar exam.
From there, passers-by of constitutional law choose a specific area of law. Criminal defense lawyers specialize in criminal defense law, for example. Most of them do not accept cases from plaintiffs (the victims or the prosecutors).
In contrast, labor lawyers are lawyers who specialize in labor law. These lawyers focus on defending the rights of injured or sick employees.
There are also other exams that lawyers may need to take before they can begin their practice. In the case of disability insurance lawyers, one such test is the Employee Compensation Law test.
However, not every type of lawyer can practice labor law. However, all lawyers for industrial accident insurance are licensed to practice labor law.
What a specialist lawyer for business administration can do for you
In 2017, insurers rejected around 7% of employees’ claims for damages. That is about a fifth higher than the rejection rate in 2013. Unfortunately, many of them were in good faith.
An employment law attorney can help you reduce such risks by making sure you have a prima facie case. This involves numerous steps, some of which are as follows.
Gather medical evidence
Your attorney will collect sufficient medical evidence to justify your claim. This begins with the recording of your documents with your treating and treating doctors.
From here, your lawyer will obtain further medical reports from your doctors. Your attorney may also recommend that you undergo an independent medical examination. This is especially important if your insurer has asked you to see a doctor they have appointed.
Obtain workplace inspection and investigation reports
Despite the strict work safety laws, many employers still violate such regulations. In 2019, for example, the five most common violations alone amounted to 17,550 cases. At the top of the list is fall protection, responsible for over a third of all violations this year.
With this in mind, your work accident could likely be due to the employer’s non-compliance. Because of this, your occupational health and safety attorney will investigate your workplace for security breaches. Your attorney will also check your employer’s background to review any previous violations.
By collecting such evidence, your attorney can prove such things as employer’s negligence. This can then serve as evidence that your injury is not your fault; Hence, you deserve compensation.
Negotiate settlements on your behalf
Insurers are full of negotiating tricks up their sleeves, including cheap deals. Some insurance companies even claim that what they are making you is a “final offer”. They’ll make it sound like you have no choice but to agree to this low severance payment.
An experienced work injury insurance attorney can help you avoid such pitfalls. When a lawyer is present, your employee compensation provider cannot make such false claims. In addition, your lawyer will make sure that the settlement you get is fair.
To do this, your attorney will make an estimate of how much you should receive for your injuries. This also includes taking into account how severe and lengthy your injuries are. It should also cover past and potential future medical and treatment costs.
Your attorney will continue to consult with your medical and health team. This will help your attorney determine if your condition will have any chronic effects. If so, your legal department will take this into account when assessing the adequacy of your settlement offer.
Take your case to court
If the insurer doesn’t back down with their offer, your lawyer can take the matter to court. However, this will result in a much longer turnaround time. The upside is that if your case wins, you are more likely to receive a much larger amount of compensation.
With that in mind, one of the most important questions you should ask a labor law attorney is whether or not they have taken cases to court. You should have extensive experience in dealing with and resolving hearings and legal proceedings related to compensation for workers.
Check whether you can make other claims
A third party may also be responsible for the injuries or illnesses you sustained at work. An example would be an accident due to faulty or defective machines. In this case, you may also be able to sue for personal injury in addition to your employee compensation case.
Fatal accidents at work can also be a cause of action outside of employee compensation. These can qualify for more benefits than is normally offered by employee compensation alone. If so, your attorney can provide you with the guidance you need to prosecute a homicide lawsuit.
Preserve your rights with the help of an employment law attorney
There you have it, some of the most important things an occupational injury insurance attorney can do for you. As you can see, these attorneys can go a long way on accidents at work. If you have had an accident at work, it is best to report to one as soon as possible.
Speaking of accidents, were you involved in an accident in which another culpable driver was involved? If so, check out this guide on what to do if you are in a car accident.
Trevor Anderson wrote this article on behalf of FreeUp. FreeUp is the fastest growing freelance marketplace in the United States. FreeUp only accepts the top 1% of freelance applicants. Click here to get access to the best freelancers in the world.
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