Should I send a message? Should I pick up the phone and call? Do I need a workers’ compensation lawyer?
Horton & Mendez, Injury & Car Accident Attorneys, explain when to hire an experienced Wilmington workers’ compensation lawyer for your case.
When do you need a workers’ comp lawyer?
You may need a workers’ comp lawyer if your claim involves a serious injury and has been denied, delayed, disputed, or complex.
We invite you to schedule a consultation with a Wilmington, NC, workers’ compensation lawyer.
Signs You May Need a Workers’ Comp Lawyer
Here are four signs that you need a workers’ comp lawyer.
When Your Claim Has Been Denied or Delayed
Having your claim denied isn’t necessarily the end of the case. The insurance carrier doesn’t have the final say about whether benefits are due. Instead, you can take your case to a hearing to be decided by a deputy commissioner of the North Carolina Industrial Commission. You can also appeal to the full commission.
There are multiple steps to making an appeal successful. You must properly dispute the claim and ask for a hearing, and you need compelling evidence and arguments.
Your workers’ comp lawyer can evaluate the reasons the claim was denied. They can gather the evidence, including medical information, and make arguments in your favor.
If Your Employer Disputes Your Injury
One of the tactics employers use to deny workers’ compensation is disputing the injury. They may say the injury did not occur on the job or was otherwise not work-related. They may say that you need a short course of physical therapy when you really need surgery. You may receive a notice to return to work when it could worsen your condition.
If you’re in a situation where the employer disputes or downplays your injury, it’s time to hire a workers’ comp lawyer in Wilmington. A lawyer can help you request a second opinion. If the employer refuses, you may ask the North Carolina Industrial Commission to approve a second opinion. Your lawyer can help you get an Independent Medical Examination (IME) to bolster your case regarding medical care.
It may be beneficial to negotiate a settlement if medical care is disputed. The settlement could allow you to direct your own care using settlement funds. In other situations, it may be best to seek commissioner approval of certain medical care.
How to respond when the employer disputes your injury depends on why they’re disputing the injury and what medical benefits you deserve under workers’ compensation law. An experienced Wilmington, NC, workers’ comp lawyer knows the benefits available under the law. They can guide your next steps.
When You’re Offered a Low Settlement
The insurance company may offer a low settlement, hoping to resolve the case for less than its worth. Maybe they think you won’t know what the case is worth. They may be betting that you won’t know how to fight for your benefits. Not all settlements are the same. The insurance company may be leaving out important benefits that should be calculated into your compensation.
When you’re offered a settlement that’s too low or if you need to know if you should accept a settlement, it’s the right time to talk to a workers’ compensation lawyer. A lawyer knows what types of benefits should be included. They can calculate your benefits and negotiate a settlement. They can also request a hearing or appeal, if necessary.
Cases Involving Permanent Disability or Long-Term Injuries
Often, the most significant part of a workers’ compensation case is permanent disability compensation. Sometimes, despite medical care, a person may have permanent impairment because of a workplace injury. The workers’ compensation system recognizes this possibility, and the injured worker may receive compensation for it.
How much compensation a person is awarded depends on an impairment rating and the person’s wages before injury. If either of these metrics is incorrect, the permanent disability award may be too low. The impairment rating is determined using standards and guidelines. The person who decides the impairment rating may make an error or may want to minimize your compensation. A lawyer can help you challenge your award of disability compensation.
In addition, a lawyer can help you if you qualify for an exception to the 500-week limit for disability benefits. If you have sustained a severe brain injury or paralysis, you may qualify for lifetime benefits. A lawyer can protect your right to compensation for long-term, catastrophic injury.
How a Wilmington Workers’ Comp Lawyer Strengthens Your Case
A workers’ comp lawyer can strengthen your case by:
- Identifying key issues
- Building the evidence in your favor to prove the right to compensation and the amount of compensation
- Filing paperwork, asking for hearings and appeals
- Presenting your case, making arguments on your behalf
- Responding to reasons that the employer delayed or denied your claim
- Negotiating your settlement
- Giving legal advice, explaining what a settlement includes
- Evaluating your compensation to determine if it is complete
A lawyer can take the procedural steps needed, prepare a strategy, and advocate for you.
The Benefits of Hiring an Experienced Wilmington Workers’ Compensation Attorney Early in the Process
Having a lawyer early in the case can prevent issues from arising later. If the lawyer builds a compelling case, the employer and their insurance company may agree to pay without a hearing. If you need a hearing, having a lawyer may avoid the need for an appeal.
Our Wilmington workers’ compensation attorneys are familiar with the local courts. We’re taking new cases now. With early legal representation, you can build a strong case from the beginning.
You also receive legal advice, guidance, and answers to your questions.
Contact Us
If you’re wondering when to hire a workers’ compensation lawyer in Wilmington, NC, please contact us for a consultation. There’s no obligation. You can have a lawyer from Horton & Mendez, Workers’ Compensation Attorneys represent you as early as today. Call or message us now.
