When an employee is injured while performing their employment duties they may be entitled to workers compensation. Legitimate claims are often denied by the insurance company or the employer. The employee can appeal but the process is complicated. Some people try to appeal on their own while others simply give up. The best solution is to hire a worker’s compensation lawyer. The attorney handles the communications with the insurer, supports the claim with medical evidence, provides negotiations to receive a fair settlement and represents their client at the hearing.
The insurance company has lawyers and claims adjusters. They work for the insurance company and often find a dubious reason to deny the claim. A workers compensation attorney Sparks NV tips the scales in the favor of their client. They have the experience and knowledge to know the main reason these cases are denied is insufficient medical evidence. The lawyer ensures their client has received all the medical treatments necessary to provide the insurance company with strong medical evidence. The attorney gathers all the medical records, can arrange any required treatment with specific doctors, schedules an independent medical exam or obtains important opinions from the treating physicians, conduct depositions with experts in medicine and answers questions during a deposition.
The attorney gathers evidence to support the case such as vocational expert testimony regarding the physical requirements of their client’s job, statements from family and friends regarding the individual’s daily activities and the lack of training or poor safety history of the workplace. The lawyer determines what evidence is necessary based on the weaknesses and strengths of the case. The attorney can often negotiate a settlement with the insurance company. The lawyer determines the worth of the case based on the extent of the injuries, past medical expenses, any limitations resulting from the injury, necessary future medical treatments and any permanent disability. Sometimes the employer is responsible for benefits and wages the individual has lost.
An attorney understands the tactics and tricks the insurance company uses for negotiations. They are an important asset for their clients because they are expert negotiators. The attorney makes certain the settlement agreement is written properly to eliminate any issues in the future. They can estimate the approximate amount of medical expenses for the future and ensure it is considered in the settlement. The attorney helps ensure the judge protects the interests of their client when approving the settlement. The lawyer becomes critical if the case is heard before a worker’s comp judge during a trial or an administrative hearing. The attorney handles the discovery process by ensuring medical records are requested, depositions for witnesses run smoothly, legal research is performed, and all necessary documentation is submitted by the due date. During the hearing, the attorney presents the case to the judge, makes the arguments for the opening and closing, examines the witnesses and ensures there are no improper actions from the insurance company.