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You dedicate a significant part of your life to your job. So if you suffer an injury at work, it’s only right that your employer covers your medical costs and the wages you lose while you’re recovering.
The Pennsylvania workers’ compensation system is designed to do exactly that. Unfortunately, that system doesn’t always work as smoothly as it should.
All too often, workers’ compensation insurance providers find any excuse they can to deny even reasonable claims. The claims process can be confusing and frustrating to navigate — especially if you are already trying to recover from a major injury.
When you work with Stine & Associates, P.C., you’ll have the benefit of the support and guidance of an experienced Johnstown workers’ compensation lawyer.
How Can an Attorney Help With Your Workers’ Compensation Case?
Many people will tell you it’s a good idea to work with an attorney if you need to file a workers’ compensation claim. But do you know why it’s so important? Here’s a look at how an attorney can increase your chances of getting the benefits you are entitled to while making the claims process as streamlined as possible.
Building a Strong Case
A strong workers’ compensation case starts with strong evidence. Workers’ compensation providers will scrutinize every claim carefully, looking for any possible reason to pay you less than you’re entitled to or deny your benefits altogether.
Typically, your attorney will start by gathering all medical records to establish the seriousness of your injury and prove that it’s work-related. This is just one of many steps they may take to bolster your case, along with strategies like these:
- Having an independent medical examination done
- Gathering evidence that your employer maintains an unsafe work environment
- Conducting depositions of medical experts
- Finding medical experts to testify on your behalf if the case goes to trial
- Getting statements from people who know you to document how your injury impacts your daily life
The steps your attorney chooses to take will depend on your overall case strategy. At your free consultation, your attorney will ask questions about your case to start establishing a clear plan of action.
Filing Paperwork Correctly and On Time
This might sound like a small detail. However, filling out a form incorrectly, filing the wrong form, or missing a deadline can put your claim in serious jeopardy. Workers’ compensation attorneys have years of experience navigating the claims process, and they can help make sure you don’t miss a single detail.
Negotiating With Insurance Companies
When you file a workers’ compensation claim, your employer’s insurance company will offer you a settlement. Usually, the insurance company will offer you less than your claim is truly worth. They hope you’ll be so grateful to receive anything that you accept a lowball offer.
Unfortunately, for most workers who don’t have legal representation, that’s exactly what happens.
When you have a workers’ compensation attorney, your lawyer can negotiate with the insurance company. They may present additional evidence to support your claim, but much of the time, the mere fact that you have an attorney will motivate the insurance company to give you a more reasonable offer.
That’s because the insurer knows that if you and they can’t come to an agreement, your attorney is prepared to take the case to trial. Insurance companies also know that a trial means they have to pay for their own attorneys, which can get very costly quickly.
Taking Your Case to Trial if Needed
If you and the insurer can’t agree on a settlement, your attorney can argue your case in front of a workers’ compensation judge. In the trial phase, your lawyer and the lawyer for the insurance company each present an argument, and the judge makes a decision.
Filing Appeals
It can be incredibly disappointing to have your claim denied, but you shouldn’t give up at that point. You can still appeal the decision, and your attorney can help you build an appeal that gives you the best chance of success.
Determine Whether You Might Qualify for Additional Benefits
The workers’ compensation system was started, in part, to ensure injured workers could quickly get the financial support they need without having to file a personal injury suit against an employer. However, that doesn’t mean you cannot file any personal injury claims related to your injury.
In some cases, if a third party (someone other than you or your employer) contributed to your accident, you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim.
However, this area of the law can be especially tricky. When you set up your free consultation, an experienced workers’ compensation lawyer will be able to review your case and determine whether filing a personal injury claim is a wise course of action.
Common Injuries Leading to Workers’ Compensation Claims
Manufacturing is the primary industry in Johnstown and the greater Cambria County area. And while manufacturing is an essential part of the local economy, it can, unfortunately, be very hard on your body. At Stine & Associates, P.C., many workers’ compensation clients have experienced some common types of injuries.
Falls
Falls are, unfortunately, very common in the world of construction. And thanks to revitalization projects on Johnstown’s Main Street, there’s been a surge in the number of construction projects in the city.
Even when you take all necessary precautions, there is still a chance of falling from ladders or scaffolding. Falls can lead to broken bones and other very serious injuries.
Hearing Loss
Hearing loss doesn’t often happen as the result of a single event. It typically occurs after long-term exposure to loud noises, and some industries — like shipbuilding and manufacturing — tend to involve a lot more noise than most.
Electric Shock
If you work around electrical equipment, there’s a chance you may be injured by electric shock. Some electrocution injuries are fatal, but not all of them. If you survive an electric shock, it’s possible to suffer heart damage, severe burns, and the destruction of internal organs and tissues.
Spinal Cord Injuries
Many kinds of workplace injuries — including falls and work-related car accidents — can lead to spinal cord injuries.
If you have a complete spinal cord injury (meaning the spinal cord is completely severed), you may suffer from paralysis. Incomplete spinal cord injuries can cause problems with movement or feeling, but they don’t cause paralysis.
Traumatic Brain Injuries
Any kind of severe head trauma can lead to a traumatic brain injury (TBI). Mild TBIs may heal on their own with rest, but more severe injuries can cause long-lasting and even permanent problems with memory, cognition, speech, vision, and more.
Legal Representation You Can Count On
Don’t make the mistake of thinking your workers’ compensation claim is guaranteed to be straightforward. While some claims may be easy, many aren’t.
When you have the help of an experienced workers’ compensation lawyer, you have a better chance of submitting a claim that is approved the first time around. And if your claim has been denied, Stine & Associates, P.C. is here to help you file a thorough and convincing appeal. Please call or reach out online to set up a free consultation.