If you’re not familiar with the world of workers’ compensation, a lawyer can help you understand how the system works. They can also warn you about pitfalls that could trip you up.

If you have a preexisting condition, an insurance company may argue that it does not relate to your workplace injury. Your attorney can prove otherwise.

Getting Started

While the work requires a lot of research and writing, it also demands social skills that can enable a lawyer to negotiate with insurers and other parties. Insurers often use a number of tactics to deny benefits. A workers compensation lawyer can help clients avoid these tricks and pitfalls.

Obtaining evidence, such as work and medical records, is an important step in a workers’ comp claim. A workers’ compensation lawyer can help ensure that these records are correctly filed and meet all necessary deadlines.

They can also help a client prove that their injury or illness has worsened through medical documentation. They can explain state laws and regulations, and safeguard against administrative blunders that could jeopardize a claim. They can also help a client file third-party claims when appropriate, such as if their injury was caused by defective machinery or due to the negligence of someone else on the job site. This can lead to larger settlement payouts.

Preparing for a Hearing

While most workers’ compensation cases are settled out of court, some are disputed. In that event, a hearing may be scheduled.

At the hearing, you and your attorney will present evidence to a judge who will listen to testimony from witnesses and examine you and your medical records. In most cases, the hearing will take a few hours, but complex worker’s comp hearings can last several days.

During the hearing, you will be asked questions under oath. Your workers’ compensation lawyer can prepare you for those questions ahead of time, and they can help you to practice your answers so that you feel comfortable testifying at the hearing.

You will also likely have to provide information about your work history, your job duties and responsibilities, your earnings, and other relevant details about your life. The insurance company’s lawyers will be allowed to question you as well, and the judge may also decide to hear from other witnesses.

Getting a Decision

Your lawyer will work to make sure you get the maximum allowable benefits for medical bills, lost wages, and other professional losses. They will also fight for any continuing medical needs you might have.

If you disagree with the decision of the board panel, you can file an application for review within 30 days of their decision. Then a panel of three board members will look at your case again. They may affirm, modify or reverse the decision or send it back for further hearings. Why not learn more about brisbane work compensation lawyers before you hire one?

The judicial appeal process is less formal than a trial and typically looks at questions of law only. For example, a judge’s decisions about the character or believability of witnesses and their rulings on what evidence to accept or reject are generally not changed on appeal. However, if the judge made a mistake in using or applying workers’ compensation law, those mistakes could be changed by an appeals court. That’s rare, though.

Getting a Settlement

Once your lawyers and the insurance company agree on a settlement, it must be drawn up into an official agreement. This must be approved by your lawyer, and circulated to you, your doctor and private health insurance companies (and government agencies if applicable). This document specifies how much you will receive in a lump sum or structured payments and also specifies how that money is distributed among the parties.

Your lawyer understands the negotiating tactics used by insurers and will be able to make a convincing case for why you deserve the highest possible settlement. He or she can also help you come up with an estimate for future medical expenses and work out a “structured” settlement to cover those expenses. A good attorney can prevent an unfairly low final offer or a poorly written settlement agreement that will cost you money in the long run.