Model Law: A Blog About Legal Issues

When Is it Time to See a Compensation Lawyer for Your Case?

19 February 2016 by Susanna Phillips

After getting injured on the job, your employer's insurance carrier should provide compensation for your medical bills and other such expenses. In some cases this is a simple process, if your injury was relatively minor and obviously the fault of your employer. You may not need to call a lawyer in that case and may be able to return to work soon enough. However, not all cases are that simple and you may need to call a compensation lawyer to assist you. Note when their services may be needed for your worker's compensation case.

1. If any part of your medical expenses is not reimbursed

Typically an insurance company is required to pay all your medical expenses related to an on-the-job injury, including the cost of medication, physical therapy, and the like. An insurance company may begin to fight these additional expenses or say that you don't need as much physical therapy as you've been prescribed, and so on. Never assume that because your doctor's bills have been paid that the insurance company doesn't need to pay these additional expenses, but talk to a compensation attorney and find out your rights for getting these added expenses paid as well.

2. If you've been told to return to work but you don't feel you're ready

An injury you sustain on the job doesn't always mean that you're now entitled to permanent disability or even long-term disability. However, you also don't want to return to work if you know you're not physically able. Rather than assuming you are obligated to return to work when you're still in pain or recuperating, or assuming that you can stay home and make the decision for when you'll return on your own, talk to an attorney. You may need additional medical exams, statements from a doctor, and the like in order to stay home and still protect your benefits.

3. If you failed to file a claim in a timely manner

The law usually limits the time you have to file a worker's compensation claim and still be eligible for benefits. This prevents someone from filing a claim for an injury they suffered years ago and from which they've fully recovered. At the same time, there may be extenuating circumstances that kept you from filing a claim quickly, such as still recuperating after surgery for your injury. Rather than assuming you've missed the deadline to file so you cannot claim worker's compensation benefits, discuss the circumstances with a law firm like Bell Lawyers to see if he or she can still protect your rights in the case.

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