Too many
people who suffer injuries or illness on the job believe that the advice and
assistance of an attorney is wholly unnecessary in order to obtain workers'
compensation benefits. Even after a denial of their claim, many injured workers
try to navigate the complicated appeal process on their own or simply accept
the denial and stop trying to get the benefits to which they are entitled under
Delaware law.1
Consulting
with an experienced workers' compensation attorney can help you in a number of
ways throughout the process. The following are only some examples of the ways
that a workers' comp lawyer can assist you:
Help you
file your claim – Though
most workers do not seek assistance from an attorney during the application
stage, an attorney can assist you in ensuring that your application is
completed in a thorough and accurate manner with supporting evidence to improve
your chances of an initial approval. If you have a particularly complicated
injury that will likely have long-lasting effects, an attorney can help present
medical evidence, testimony from vocational or medical experts, and more at a
hearing to determine the correct amount of compensation2 for you.
Representing
you during the appeal process – If
your claim is denied in full or in part, an attorney can help you appeal the
decision and can represent you in a hearing. You will have to present specific
evidence to demonstrate that the denial was wrongful and a lawyer will
understand the types of evidence is necessary to maximize your chances at an
approval on appeal.
Negotiate
and advise on settlement offers
In many
situations, a workers' comp insurer may offer a lump-sum settlement in lieu of
continuing benefits. At times, accepting the settlement is a good idea while,
for others, a settlement may only be a fraction of the full value of your case.
Once you accept a settlement, you lose the right to ever again collect benefits
for that particular injury, so you never want to accept a settlement offer
without first consulting with an attorney. An attorney can evaluate the true
value of your case and negotiate with the insurer to make sure you obtain the
full value for your injury.
Anyone who
has any questions or issues involving the workers' comp process or benefits
should call an experienced Delaware workers' compensation lawyer at the law
firm of Zavodnick, Zavodnick & Lasky,
LLC at (302) 364-6047 today.
