Do you know what to do in the event of a workplace injury? If you have never been injured at work, chances are, you only have a vague understanding of what workers’ compensation is and what rights you have. And guess what? That’s just the way your employer wants it.
In theory, workers’ compensations laws are designed to protect the worker. In practice, employers and their insurance agents will work hard to reduce the value of your claim, which means, you may not get what you deserve. The good news is, this isn’t a battle you have to fight alone. The law allows injured workers to seek legal representation in the event of an accident. Here are the top 5 reasons why you need a workers’ compensation attorney:
1. An attorney can help you understand your rights and obligations
When you suffer an injury at work, the process should be simple. You go to your supervisor to report the incident, visit the doctor, and receive the necessary care. Yet for thousands of Americans, workers’ compensation claims are anything but easy. Far too many employees fail to report their injuries for fear of repercussions. Others lose eligibility because they do not make a claim in a timely manner. In Louisiana, workers have 30 days to report an injury to their employer. Further, your employer cannot retaliate against you for reporting an injury. An experienced attorney can help you navigate the process, so you can focus on your recovery.
2. Your attorney can help you find the right doctor
Chances are, when you report your injury, your employer will hand you a list of providers that are a part of their network. Many times, employees think these are the only doctors they are allowed to see. This is simply not true. In Louisiana, injured workers have the right to choose their own doctor. That said, you may need to seek approval from the insurance company if your care exceeds a certain monetary value.
Who you choose to see after a workplace injury is an important decision. Your diagnosis and treatment will have a significant impact on the value of your case. Unfortunately, the doctor your employer recommends may not give you the same level of treatment as a doctor that you choose, and may even downplay your final diagnosis. At Stephenson, Chávarri & Dawson, LLC, we’ll work with you to help you find care providers who are best suited for your case.
3. Workers compensation attorneys have experience negotiating with insurance companies
Your employer would like nothing more than for you to go to the doctor, get treatment, and come back to work. This is what is in the employer’s best interest, not yours. There are many variables that go into a workers’ compensation case. This includes:
- Medical treatment, including future medical costs
- Lost wages
- Lost earning capacity
- Loss of function
- Vocational retraining
At Stephenson, Chávarri & Dawson, LLC, our job is to help you get what you deserve. This means we’ll do an accurate accounting of what your lost wages are (including benefits), review all medical care, and fight for compensation that is commensurate with your doctor’s diagnosis and your final disability rating.
4. With an attorney, you don’t go back to work until you’re ready
When you take time off of work to recover from an injury, it’s natural to worry about getting back to work. Many workers wonder how they will survive without any wages coming in or if their employer can fire them if they take too much time off of work. It’s important to understand, your employer cannot fire you because of a workplace injury. Additionally, if you have an active workers’ compensation claim, you are likely eligible for lost wages payments while you are out of work.
The only time you should return to work is when you have a release from your doctor. Returning to work too soon can impede your recovery and may actually affect your claim if you aggravate your injury before you obtain a doctor’s release. If you cannot return to work, your attorney can help you determine whether you can return to a different position or if you’re eligible for vocational training.
5. An attorney can help, even if your workers’ compensation claim has been denied
There are many reasons your employer may deny your claim. This includes:
- You did not report your injury in a timely manner;
- The employer believes the injury was intentional;
- The employer suspects fraud;
- The employer suspects drug or alcohol use;
- You have a pre-existing condition;
- You have terminated your employment since the time of your injury.
If you have received a denial for your workers’ compensation case, that doesn’t mean it’s the end of your case. In some situations, you may be eligible to file an appeal through the workers’ compensation administration. Appeals are complex and typically have strict deadlines. Once you get to this stage, it is very important to talk to an experienced workers’ compensation attorney right away. An attorney can review whether you have grounds for an appeal and help you present your case.
Stephenson, Chávarri & Dawson, LLC: Let us work for you
After a workplace injury, it’s natural to have questions. Your job is your livelihood, and it can be scary to feel like you have no control over what comes next. At Stephenson, Chávarri & Dawson, LLC, our job is to provide answers and help you fight for the compensation you deserve. Whether you have an active case or have been denied by your employer, an experienced workers’ compensation attorney can be a valuable asset to your case. To learn more about your rights or to speak to one of our experienced attorneys, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.
