Workers Compensation Lawyer | Robert Edens Law Office

June 25, 2021February 7, 2023

Do I Need An Attorney To File A Workers’ Compensation Claim?

Accidents are a common occurrence in the workplace. You can fall off a ladder and break your arm, trip over wires and sprain your ankle or get carpal tunnel after years of typing. A workers’ compensation lawyer in Antioch can ensure you get the compensation you deserve if your employer refuses to give it. This includes the money you lose in terms of lost wages and medical bills.

Why You Should Hire A Workers’ Compensation Lawyer In Antioch

This is important because while recovering disability and medical benefits post a workplace accident should be a straightforward process, it rarely is. While the reason for hiring a workers’ compensation lawyer in Antioch is to maximize your financial recovery, he/she can also help you overcome any obstacles you may encounter. These include the following:

Your Employer Refuses To Believe/Denies The Accident Happened

This can happen if you suffered a slight injury at work and did not report it and it got worse later. The employer or insurance carrier may deny that the original injury happened at work. This can also happen if long-term effects of exposure to a toxic substance at work result in disease.

Your Employer Delays The Claim

Once you report an injury at work, the company has to provide you the proper paperwork immediately, so that you can record your claim. They should also report it to the compensation board and file a claim with the insurance carrier. If your employer is dragging his/her feet in a bid to miss the deadline or even because of sheer laziness, a lawyer can step in and expedite the process.

You Suffered Permanent Disabilities That Compromise Your Work Performance

Insurance companies are more likely to contest these claims since they tend to be the most expensive. A worker’s compensation lawyer in Antioch will ensure you get the amount you deserve if not more.

The Insurance Company Refuses To Pay For a Treatment Your Doctor Recommended

If your injuries require you to get rehabilitation, those visits may be deemed unnecessary by the insurance company which is wrong. Your lawyer can ensure they don’t get away with it and those treatments are adequately covered.

Your Employer Retaliates Against You For Filing a Claim

If your employer fires or demotes you or reduces your hours/pay because you filed a workers’ compensation claim, a lawyer can ensure your legal rights are protected. You can even claim damages resulting from the discriminatory actions.

Your Injuries Were The Result Of Someone Else’s Actions Or Misconduct

The worker’s compensation system was designed to avoid civil lawsuits in case of workplace injuries. But you can also sue outside it in certain circumstances. For example, if say a negligent driver who does not work for the company hit your car while you were driving to work or your employer did, an experienced lawyer can explain how the law applies to these situations.

If you are in search of an experienced worker’s compensation attorney, get in touch with us at the Law Offices of Robert T. Edens today. We have been fighting for the rights of workers like you for more than two decades. Get in touch with us for a consultation today.

June 3, 2021February 7, 2023

Workers’ Comp Adjuster Tricks To Be Aware Of

Workers’ compensation serves as a safety net for employees faced with a work-related injury. It covers their medical bills and rehabilitation costs, and other damages such as lost wages resulting from the injury. They also provide death benefits to dependents of a worker who is killed in a work-related accident. In 2018 alone, around $62.9 billion were paid in workers’ compensation benefits, according to the Insurance Information Institute.

However, receiving the coverage you deserve in workers’ compensation is more difficult than most employees think. You don’t know how low insurance providers can go to minimize the compensation they need to pay out. You might well be under 24/7 surveillance in an attempt to spot loopholes and inconsistencies in your case. Here are some workers’ comp adjuster tricks to look out for when you file your claim:

Using Private Investigators

Regardless of whether a claim is contested or uncontested, insurance companies often hire private investigators to keep an eye on you. The purpose is to collect evidence against you that shows that you violated your doctor’s restrictions, such as not leaving your home or lift heavy objects. For example, if you attempt to leave your home when you’ve been told not to, you will most certainly be videotaped doing so.

Recording Your Statements to be Used Against You

Before you receive medical treatment or get paid for the damages, your insurance company will do its best to obtain a recorded statement from you. Their request may sound innocent but their aim is to use your comments against you. Insurance agents know that the victim of the accident will be under severe stress right after the event took place and may give out information that can be used against their case.

Therefore, we recommend hiring a workers’ compensation lawyer as soon as possible, especially before you give out any information to insurance providers. More importantly, understand that you are not legally bound to give a recorded statement.

Voluntarily Paying You Benefits

When insurance providers realize your case is strong, they voluntarily make compensatory payments but fail to inform you about your obligations so that you lose your benefits at some point in the future. What they hide from you is that if you don’t obtain an award order and file a claim for benefits form, you will no longer be entitled to the payments you deserve when the statute of limitations runs out after a year from the day of the workplace accident.

Seeking a Blank Medical Authorization from You

When you file your workers’ compensation claim, your insurance provider may proceed to a fishing expedition, looking for any pre-existing medical conditions that might justify a low payment or dispute. Don’t fall for the trap of giving them a blank medical authorization. They’ll use this authority to find medical conditions that may undermine your case.

Now that you’re aware of some common insurance adjuster tricks, you should be in a much better position to dodge them as they come your way. Don’t become complacent here; hire Robert Edens, a reliable workers’ compensation lawyer in Grayslake, who will offer expert advice from the beginning till the end.

June 3, 2021February 7, 2023

What Not to Do While on Workers’ Compensation

Although working conditions have improved over the years, workplace injury remains an ongoing problem for workers. According to the U.S. Bureau of Labor Statistics, around 5,333 American employees lost their lives due to a work-related injury in 2019 alone. Even if an injury doesn’t prove fatal, it can lead to injuries that may lead to lost wages and other damages.

While Workers’ compensation is the only way to recover the loss, certain mistakes on your part can destroy your case, depriving you of the compensation you deserve. Here’s what not to do while on workers’ compensation.

Delayed Reporting of Your Work-Related Injury

This is one of the most ridiculous, yet common mistakes employees make while on workers’ comp. When you don’t immediately report the work incident and the associated injury, the insurer for your workers’ compensation assumes that you faced no major injuries. While you have 45 days to report your injury in writing to your employer, report the damages the day you face them. And if you missed the deadline of 45 days, you won’t receive any compensation at all.

Seeking Workers’ Compensation Benefits After Being Terminated or Laid Off

Some employers will fire or lay off workers who recently faced a workplace injury but haven’t yet reported the issue. This way, they get away with the liability or may not have to pay as much in compensation as otherwise. The problem is that insurance companies assume that workers’ compensation claims filed by employees after being terminated or laid off are motivated by anger or revenge against the former employers, and are thus false. Such claims are always viewed with suspicion and deeply scrutinized.

Ideally, you should take a medical exam within 24 hours of facing a workplace injury. Otherwise, you may not be able to prove that your injury was a direct result of the work accident.

Not Being Honest About Your Injuries

Many victims of a workplace injury will let their emotions take over and will exaggerate while reporting the accident and the injuries. Keep in mind that if your description of how you sustained the injury, how severe it is, and other details are not consistent with the results of your medical exam, your workers’ comp claim may be denied. Thus, when speaking to your employer or healthcare provider, stay honest about what exactly happened.

Not Choosing Your Own Doctor

Many corporate giants have a retainer or doctor on staff. Don’t assume that you can’t choose your own doctor and will have to wait for the company doctor for treatment. This further delays the reporting of the injuries, which is exactly what these companies want. Be informed that as an injured employee, you have full command over who you want to consult and seek medical care from. Instead of waiting for the company doctor to treat you, make an appointment with your own family doctor and explain the situation.

Workers’ Compensation Lawyer In Antioch

While avoiding these above-discussed mistakes should help you with your workers’ comp claim, securing full coverage from your insurance agent can still be a big challenge. Consult Robert Edens, an experienced workers’ compensation lawyer in Antioch, who is dedicated to securing you the reimbursements you deserve.