Most of the time, employees have no difficulties recovering from injury at the workplace. Unfortunately, there are times when your injury will be contested directly by your employer or within your state’s workers compensation process. This denial of workers comp benefits usually occurs when you have a severe injury and it’s apparent that your recovery will be costly due to high medical bills and a long rehabilitation. If this happens to you, you may benefit from consulting with a lawyer that has experience in workers’ comp litigation. This type of litigation is much simpler than injury cases and most personal injury law firms also handle comp cases.
As mentioned, the most obvious situation for consulting a lawyer is when your benefits that you deserve are being unrightfully denied. There are a few other situations where an attorney can help including when you are told to return to work when it is clearly obvious that you are not ready or capable without subjecting your injury to further damage. Another scenario injured workers often face is when they are denied for disability even though the evidence shows otherwise.
You may think that you have a good relationship with your company and/or employer, but there are still certain things you need to watch out for. Most employers have been in and out of the workers comp process and are very knowledgeable how the law works. Injured workers on the other hand usually have no experience with workers comp and don’t really know the specifics of how the laws work in their state. If your employer tries to get you return to the job with a “custom created position” then you should immediately have red flags going off in your head. Let’s say that you take this position that was created just for you since you’re not able to return to your normal position yet. You may find out a month from now that this new “position” is no longer necessary and they are getting rid of it. Now you find yourself unable to sue for the workers comp benefits you should have been receiving all along. While this certainly doesn’t happen in every occurrence, it happens often enough that you should call an attorney experienced in these types of matters. Another warning sign is if your employer sends injured workers to the same doctor and he has a “reputation” of misdiagnosing his patients. Many times these unethical doctors are more worried about a good business relationship with the employer instead of objectively diagnosing injuries.
About The Author: David M. Clark is a leading workers compensation lawyer in Lansing, Michigan with 30 years litigation experience. He is the lead attorney and founder of The Clark Law Office.