What Does a Workers Compensation Attorney Do? - Path 411 Pain

What Does a Workers Compensation Attorney Do?

Posted on : July 6, 2021

An experienced workers’ compensation attorney can help victims of a workplace injury or illness pursue the benefits that they deserve. Every year, victims file millions of workers’ compensation claims in an attempt to receive compensation for medical costs, lost wages, and mental distress. At the end of 2019, the Bureau of Labor Statistics published the Employer-Reported Workplace Injuries and Illnesses 2018 report. The report found 2.8 million nonfatal workplace injuries and illnesses in 2018. Some victims are fortunate enough to complete the process with little strife; others are not so lucky. 

Workers’ compensation laws permit workers who are hurt on the job to receive a number of benefits, depending on the injury. They can include:

  • Permanent total disability benefits
  • Permanent partial disability benefits
  • Temporary partial disability benefits
  • Medical benefits
  • Wage reimbursement benefits
  • Vocational rehabilitation benefits

Workers’ compensation laws are governed by each state legislation and by federal statutes. Both provide for fixed awards to employees or their dependents in the event of employment-related accidents and diseases.

These statutorily-prescribed awards enable the injured worker to receive compensation without initiating legal action against an employer. The various state acts differ with respect to the type of workers covered, the amount and duration of benefits, and other details.

Some employers and their insurers attempt to escape responsibility for injuries that victims incur within the workplace. This is just one reason why victims benefit from partnering with a workers’ compensation attorney. These legal professionals can assist victims by facilitating communication with medical and insurance staff, offering advice on how to fill out crucial paperwork, and helping clarify legal processes. 

A workers’ compensation attorney’s job is to help employees settle their workers’ compensation cases if an insurance adjuster fails to resolve their case. Unlike your employer, who may only feel concerned for his or her own welfare, a trustworthy workers’ compensation lawyer’s job is to help protect your best interests. That means that an attorney will help you seek whatever benefits you deserve after enduring a devastating experience. It is essential you find a lawyer experienced in handling workers comp claims.  

Typical job functions of a workers’ compensation lawyer include:

  • Gathering medical evidence and medical records
  • Taking depositions of the claimant, physicians, medical experts, and other parties
  • Conducting discovery
  • Performing legal research
  • Remaining current with developments in the law
  • Drafting pleadings, findings of fact, motions, briefs, opinions, and other legal documents
  • Litigating cases before a judge or referee

Your workers’ compensation attorney will have the knowledge and experience to assist you as you go through the required steps. They can even help you gather documentation from other parties, such as doctors. The inclusion or exclusion of certain verbiage or information may be able to help speed your case along—an attorney can help ensure that you stand the best chance at a smooth claims process.

If you have been injured at work and need someone to help you get the compensation you deserve, call 1-800-411-PAIN and get the help you need! We will refer you to the attorneys that will fight to get you the compensation you deserve and the medical attention you need. If you have been hurt in an accident, call 1-800-411-PAIN, and we will guide you in finding you the best medical and legal professionals.

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