Workers’ compensation benefits are complicated and must be specifically tailored to each individual’s situation to find success. Even then, they may still be denied. Having a lawyer by your side will drastically improve your chances of having a successful claim. Take a closer look at when to hire a workers’ compensation lawyer for your claim, and discover how Thomas J. Ueberschaer, P.A. can help.
Disputes Over Benefits
Disputes over benefits can arise for various reasons, and being prepared for them all is beneficial. Some of the most common disputes are based on the following:
- Lack of evidence
- Failure to file in time
- Injury is not work-related
- Injury is pre-existing
- Injury does not warrant time off
- The injury was not severe enough to warrant medical treatment.
By having an experienced lawyer like Thomas J. Ueberschaer, P.A., by your side, you’ll be prepared to fight against these disputes and expedite the process.
Severe Injuries Requiring Extensive Medical Treatment
When you sustain severe injuries at work that require extensive medical treatment, pursuing workers’ compensation can be more difficult. Complications can arise depending on how badly the injury affected you because some of the effects may not be immediately present. Additionally, the more medical treatment you require, the more evidence you will have to provide to demonstrate the integrity of your case. A workers’ compensation lawyer can help you gather the necessary evidence and adequately convey your condition’s expenses.
Permanent Disability
When you become permanently disabled from a work-related injury, you must consider long-term benefits. The total compensation you need for a condition that will last for the foreseeable future can be challenging to quantify. Don’t hesitate to look to Thomas J. Ueberschaer, P.A. for help. Our team has the experience to fight for the compensation you deserve, even in complicated permanent disability cases.
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Ask Tom Today!Pre-Existing Conditions
How much a pre-existing condition will affect your workers’ comp claim will vary from case to case. Typically, one needs to show that a work-related injury severely worsens a pre-existing condition. In some cases, this would warrant the pre-existing condition not being considered when it comes to benefits. Other cases may have benefits reduced due to the pre-existing condition.
Retaliation by Employer
Your employer is legally prohibited from retaliating against your workers’ compensation claim through acts such as termination, reduced hours, etc. Thomas J. Ueberschaer, P.A. will fight for your rights as a worker and aim for maximum compensation.
Third-Party Claims
Third-party claims in workers’ comp cases can complicate things, but Thomas J. Ueberschaer, P.A. is prepared to navigate it on your behalf. For example, a third party may be involved in a workers’ comp case if the injury was caused by a poorly made machine. In that case, the third party would be the machine’s manufacturer. More than three parties may be involved, but Thomas J. Ueberschaer, P.A. can help you streamline the process.
Lack of Medical Documentation and Maximizing Benefits
To get the most out of your workers’ comp claim, you must have all the relevant medical documentation available and included. Without medical evidence, you cannot get the compensation you deserve. Thomas J. Ueberschaer, P.A. can help you understand the benefits you are entitled to.
Navigating the Appeals Process
Appealing your workers’ comp claim can be complicated, but Thomas J. Ueberschaer, P.A. can guide you. The process generally proceeds as follows:
- Filing a petition with the Division of Administration hearings
- Receiving a conference date from the Judge of Compensation Claims
- Attending the pretrial hearing to present relevant evidence for your case
- Attempt mediation or Alternative Dispute Resolution with your employer
Hire a Lawyer for Your Workers’ Comp Claim
If you’re wondering when to hire a workers’ compensation lawyer, the short answer is every time you need any kind of workers’ comp benefits. A lawyer will guide you through the complex process and fight for the maximum possible compensation. Contact the team at Thomas J. Ueberschaer, P.A., for a free consultation for your case.