Workers’ compensation compensates employees injured while on the job. However, successfully claiming workers’ comp benefits can be complicated. There are many hurdles to overcome and it is a frustrating process that could end in a denial—particularly if there is no attorney present. An attorney can help you move around the numerous obstacles and navigate the system, so you get the appropriate benefits settlement you deserve. Here are three ways a workers’ compensation lawyer can help you with your claim.

Eligibility

One of the first things you must know when attempting to claim workers’ comp is whether you are even eligible for the benefits. In Georgia, any business with at least three employees means the employer must carry the insurance—however, that doesn’t mean you are necessarily covered. For example, someone who is an independent contractor or self-employed is likely not covered under the workers’ compensation policy. Same goes for government employees and domestic servants. Another exclusion is if you are impaired on the job during the accident, especially if your intoxication caused the accident to happen. These are all situations where you should consult an experienced attorney to help you understand eligibility.

Things you may not know about workers’ comp eligibility:

• You still may have workers’ compensation benefits even if you are not on the premises, say like at a business meeting. As long as the injury occurred while you were in the course of employment, workers’ comp insurance would cover it.
• Occupational diseases are covered.
• Scars are sometimes covered.
• Hearing loss caused by long-term exposure to hazardous noise is covered if claimed in the appropriate time.
• Pre-existing conditions worsened by your work are covered.
• Workers’ compensation covers even if the accident was your fault. Workers’ compensation is a “no fault” program.

Make Sure You Get All the Benefits You Deserve

It doesn’t matter how great of a relationship you have with your employer, they will have attorneys working for them to ensure they pay the least amount possible. Do you even know how much money you should be making from your workers’ comp benefit while you recover? Probably not, which is why hiring an attorney is the smart decision to make so you can make sure your health and future are taken care of. Workers’ compensation benefits should include replacement of lost wages and reimbursement for all medical expenses. Vocational rehabilitation is usually offered and benefits for permanent impairment. Don’t just settle for the benefits your employer is offering before speaking to an attorney. Remember that claims adjusters and others working for the insurance company do not have your back. They are not looking out for you and could reject your claim for questionable reasons. Hiring a lawyer is the best way of making sure you get the settlement appropriate for your needs.

You Have a Pre-existing Condition

This can’t be stressed enough. If you have a serious underlying health condition and you are filing a workers’ compensation claim you must hire a lawyer. Because the underlying condition is often used as an excuse to deny your benefits. Your employer may claim that your illness caused your current injury/illness and assert that it was not a workplace related situation. A pre-existing medical condition does not disqualify you from receiving workers’ compensation benefits. A lawyer will help you clearly establish a link between your injury and your work, so it is not blamed on your established medical condition.

Ideally, your workers’ compensation case will involve a relatively minor injury and there will be no question about the benefits. Sadly, this is not how is always transpires and you want to make sure you get the benefits you deserve by hiring an experienced lawyer.