How Do I Know I Need a Worker’s Comp Attorney?
In most cases, an injured worker will never need to hire an attorney in regards to a work-related injury under a Nevada workers compensation claim. Most injuries are usually not very serious, requiring a minimum of time off of work and very little in the way of medical treatment. However, most injured workers do not understand their rights and the benefits that are available to them. Workers with more serious injuries, those who might require extensive medical care, and those whose injuries may result in some form of permanent disability may benefit from hiring a qualified lawyer who understands the complex processes involved in Nevada workers compensation claims. Due to limited time frames and detailed regulations, an injured worker should hire a lawyer as soon as possible in order to get the most benefit from such legal representation.
Denial of the Claim
When a benefits case is denied, the worker can appeal the decision. However, the Hearings Officer is most likely to side with the insurer in such appeals, especially if the worker does not have an attorney. While the Nevada Attorney for Injured Workers (NAIW) provides free legal guidance for those seeking workers compensation benefits, this assistance is not available until after the second level of appeals. This leaves a lot of time that is wasted in an effort to successfully obtain compensation and medical treatment. If an employee knows that his or her work-related injury has already resulted in time lost from work, the need for further medical care, or the potential for permanent impairment, the injured worker may wish to hire a lawyer for assistance with the first appeal so that assistance can begin more quickly.
Substandard Medical Care
An injured worker may not feel that he or she is receiving appropriate medical care for the work-related injury. When a worker is unhappy with the treating physician, he or she may choose another provider from the approved doctor list available from the third-party administrator (TPA). However, while it is possible to change to a different treating physician, most injured workers will not know which provider to select from the list based on who will provide the best level of care and even which physicians to avoid choosing at all. An experienced Nevada workers compensation attorney will know which physician a worker should select based on the injury and other factors. A lawyer can also help the injured worker to request, complete, and file the appropriate paperwork in a timely manner to obtain a different doctor.
Delays with the Claim
There may be times when an injured worker spends a lot of time waiting, either for a compensation check, medical treatment, or other related benefits issues. However, there are times when the insurer may take longer than is necessary, and any complaints by the worker may just make matters worse. An attorney can help by taking over the appropriate dealings with the adjuster to relieve unnecessary stress for the injured worker and to allow the worker time to focus on recovery from the injury.
Many on-the-job accidents can be life-changing to some extent, causing an employee to rethink the job position or to be more careful when on the job. There are, however, more serious injuries that require the worker to change his or her life to deal with the results of a traumatic accident at work. When a worker knows that he or she will not be able to return to previous occupation or job duties, it is important to hire legal representation. Although a vocational rehabilitation counselor is supposed to find the best retraining program available that is suited to the injured worker, the counselor still works for the approval of the insurer. An attorney can help to make sure that the vocational rehabilitation counselor pursues the best retraining program for the injured worker. In the alternative, the lawyer will make sure that the vocational rehabilitation counselor offers the best lump sum buy-out offer for the injured worker.
Serious or Permanent Injury
Any worker who is seriously injured should seek representation from a qualified lawyer for the best possible benefits under a Nevada workers compensation claim. The lawyer can make sure all necessary documents are filed in the correct time frame, assist with any appeals or hearings, and make sure the employee receives appropriate medical treatment. When permanent impairment occurs, the lawyer can make sure the best rating physician is selected and attend the rating examination with the injured worker for the best rating to benefit the employee. There are many small factors that can make a huge difference when it comes to compensation for injuries that any serious or permanent injuries should be handled with legal representation.
Legal Resources for Workers Compensation Claims
Injured workers who need assistance to receive benefits through a workers compensation claim in Nevada can contact the Morris/Anderson Law Firm. The qualified attorneys have extensive experience in dealing with the workers compensation system and can help injured workers to receive the compensation and medical care that they deserve.Go to the Next Article