If you have been injured on the job, your first step will likely be to file an application for workers’ compensation benefits. Don’t be surprised, though, if what seems like an open and shut case doesn’t end up that way. Many workers’ compensation claims are initially rejected, for a variety of reasons. If your employer or the workers’ compensation insurance company challenges your claim, for any reason, you’ll need to present your claim to a judge. Here’s what your lawyer will need to prepare for that hearing.
To recover workers’ compensation benefits, you need to show that you suffered an injury on the job. Your attorney will want:
- Medical records regarding your injury—To succeed in your claim, you’ll need to show that you sustained injuries that can be proven by objective medical evidence. You will most likely be required to submit to a physical examination by a company-chosen doctor. Make certain you tell your doctor about anything that’s out of the ordinary after the accident and get the doctor to document everything in writing.
- Evidence indicating your wages for the last year—The amount of benefits paid may be based on your average weekly wage for the last 26 weeks immediately before the accident. Pay stubs or a W-2 may supply this information.
- Evidence that the injury occurred at work—If there were witnesses to your injury, your lawyer will want to interview them to gather evidence to prove your case.
We handle all workers’ compensation on a contingency basis. There will be no attorney fees unless we get compensation for your losses.