Workers Comp Attorney: 5 Obstacles To Filing A Claim

Filing for compensation after an injury on the job is a fairly straightforward process in itself, but a qualified workers comp attorney will find no shortage of clients. Insurance companies and employers may try to sabotage injured parties through bullying, bargaining, and avoiding. Here are 5 common pitfalls to avoid when filing a claim and how a lawyer might be able to further assist you.

1. Suffering
Most people are familiar and can easily identify pain caused by an on-the-job injury, but emotional distress can also play a crucial factor. Injuries and accidents can cause or exacerbate stress, anxiety and depression, which are also valid complaints for not being able to perform tasks required of a job. In fact, even without physical injury, if your job is causing undue emotional distress or mental illness, you may be liable for compensation. These cases can be very difficult to prove and require the assistance of a workers comp attorney.

2. Resistance
Some employers are particularly resistant to claims made by their employees, so much so that they will resist filing, bargain, or even outright reject the complaint and try to force the individual to continue working. While not all claims are always awarded, you are entitled to certain rights and procedures to ensure they are fairly reviewed. If you believe that your employer is brushing you off or failing to take your claim seriously, don't hesitate to contact a lawyer to represent your best interests.

3. Broken Promises
As mentioned previously, some employers may attempt to bargain in order to stop a claim. One way to do this is by offering a reduction in workload or hours to circumvent any pain or stress associated with the injury. Within a few days of accepting the deal, the employee will often find themselves heaped with the same duties and expectations before the accident. Bosses will often pressure them to deliver, and any vacillating can result in punishment or harassment. Filing a claim after accepting the conditions and working for a while may look highly suspicious. If your boss tries to barter with you, have them speak with your workers comp attorney instead.

4. Denied
Sometimes a claim is denied unfairly, but that doesn't mean the battle is over. A workers comp attorney can help you fight the insurance company to receive what you are owed. It is in their best interest to deny claims or provide minimal compensation. That doesn't, however, make it right. A rejection doesn't mean that you still can't receive your claim.

5. Fired
Were you fired shortly after filing a claim or as a result of complaining about an injury received while at work? An employer has no right to fire an employee for filing a complaint or claiming for an injury. They also cannot harass, blackmail, or make other threats (although many will try). Don't be intimidated by scare tactics. A skilled lawyer will not only help you with an injury, but can also determine if you may also be a candidate for a wrongful termination lawsuit.