Watch Out For These Workers' Compensation Red Flags

Hurt workers are entitled to a variety of benefits from their employer's insurance plan. For example, a work-related injury or illness means medical treatment costs are covered as well as a partial salary to stay home and get better. Workers' compensation, like all forms of insurance, is not a sure thing, however. Take a look at some red flags that might be signs you need to seek professional legal help from a workers' compensation lawyer right away. Doing so may be key in attaining and keeping the benefits you need.

Employers May Be Uncooperative

Most employers have to provide workers' comp coverage to employees but that doesn't mean they aren't inconvenienced when a worker needs to use it. Claims can be held up if your employer disagrees with your injury being related to your job. Additionally, some places of employment are not familiar with the workers' compensation insurance claim process and don't act to file a claim or don't do so properly. If you notice any of the below, you may need to seek legal help:

  • You are being told that the injury or illness had nothing to do with your job.
  • Your employer is claiming that you were already injured before the accident occurred.
  • A drug test revealed you were under the influence of a substance at the time of the accident. You have a prescription for that medication, however.

Doctors May Order You Back to Work Prematurely

Your workers' compensation doctor plays a huge role in not just your recovery but your claim for benefits. When they say you are well enough to return to work, it's an official ruling. Here's how it works:

  1. Your doctor (or another workers' comp doctor) performs an independent medical examination (IME) to determine the status of your medical condition.
  2. The doctor either rules that you are ready to return to work or that you need more time off.
  3. Alternately, the doctor can rule you have a permanent condition.

You should never return to a job when you are not physically ready. You have a right to appeal the decision so speak to a workers comp lawyer.

You May Be Entitled to a Lump-sum Payment

If you have been ruled to have a permanent injury, a lump-sum settlement may be coming your way. Settlements, rehabilitation benefits, and the way settlements are paid are all negotiable. You will need a settlement that replaces your salary and that provides you with the ability to also qualify for Social Security Disability Insurance (SSDI). This issue is too important for anyone but an expert. Speak a workers' compensation lawyer for issues like the above or any other snags with your workers' comp claim and coverage. For more information, contact an experienced workers comp law group, such as Prediletto, Halpin, Scharnikow & Nelson, P.S.