Why you could be refused benefits

While the introduction of Worker’s Compensation Benefits have helped the majority of workers injured or diseased by work, there are of course gaps in every system. Especially legal systems where laws can be changed constantly and re-written.ome of the reasons you may need to hire a lawyer to help you with your claim:

Some of the reasons you may need to hire a lawyer to help you with your claim:

  • If you’re uncomfortable or unable to understand any part of the process of filing a claim – In this case it is always best to seek a lawyer’s services as they will have the knowledge to help you out. If you claim in an incorrect fashion, then the claim can be voided and you will lose out on your compensation.
  • Your employer won’t file or produce a report for your injury – Unfortunately this is the most common reason that workers hire lawyers to help them in their claims. Workplaces often don’t like to produce injury reports as it portrays them in a bad light, can often highlight bad health and safety practices, poor work conditions and mismanagement and invites OSHA to scrutinise the company. In this case you would certainly have to hire a lawyer to aid you in your claim
  • The insurance company threatens to refuse paying your compensation – This can often happen if certain procedures aren’t kept, for example your workplace misfiled documents, you have failed to appear at hearings or the insurance company suspects fraud. In most cases you would have to hire a lawyer to track the problem and deal with it effectively
  • You have returned to work after the injury has healed, then become injured again and the insurance company refuses to restart your benefits – This can often happen due to the insurance company wanting you to file a new claim for the injury, or that their records system has become confused by the injury occuring twice. This doesn’t always call for a lawyer, as you can normally organise this with the company yourself, however if the indurance company is difficult to deal with or will not fix the situation then you will need a lawyer.
  • If your work injury has caused scarring to always visible areas i.e. Head, face or hands – In this case you may be able to collect extra payments for the scarring as it may cause you to not be hired at another workplace. This kind of case always requires legal representation as you require someone with expertise in persuasion and legal knowledge.
  • If you are offered a lump sum of money to pay for your future medical bills, rather than a monthly stipend – This case is always complicated as the workplace or insurance company will often do this so that they can save money in the long-term due to inflation, not including certain bills they know you can’t foresee and other reasons. If you are happy with the settlement, then by all means accept it, but it is always best to seek legal advice with a lawyer experienced with it so they can tell you about any possible future expenses they can foresee.
  • If you’re offered a lump sum of money to settle your claim, rather than going through the process of filing the claim – You should always seek a lawyer in this case as accepting the settlement will often cause you to lose some of your rights.
  • You’re informed a petition has been created to refuse, modify or pause your benefits – These cases always require a lawyer as a party will have seen an error or what they believe is something wrong in your claim and you will need legal counsel and representation to fight their perception of the claim.

We hope this guide has been helpful, and as ever, if you have any questions or would like some guidance or information, then please do contact us!