Compensation benefits accommodate employee’s risk. No one has ever wanted to experience an accident. But sometimes, injury-causing faults may come from either of the two sides, individual errors or improper workplace safety. Here is where claiming for the benefits can get tricky and vulnerable to mistakes.
Collecting insufficient medical records
The first typical mistake committed by a claimant is to have too much confidence in presenting his/her medical records. And this error has been known to be the primary cause of the claim to get denied.
The insufficiency of the medical document is not determined solely by its legal status. If a claimant gets his medical records from professionals, like from psychiatrist for mental health issue or physicians for physical injuries, there will be no question about the credibility. But the primary cause of insufficiency is that the poorly matching injury report by the claimant with the presented medical documents.
The best way to avoid this is by consulting with compensation attorney. Louisiana workers compensation lawyers offer a free consultation for worker legal matters. Besides, a worker compensation lawyer does not get paid upfront. The payment is contingent on the case, which means the lawyer deducted his/her fee from the awarded benefits.
Filing for the case too late
A claimant is required to claim the compensation benefits as soon as possible after the accident has happened. The process to receive the benefits may take weeks after the injury, but the filing process must be done immediately. If it is not possible because of the medical situation, hiring a lawyer is the best thing to do.
Also, compensation benefits cannot be claimed after a worker gets laid off. If there is a tendency for the employer not to be co-operative, or worse, to be intimidating; the claimant must report to his/her lawyer about it. It is very unlikely to happen for a company to fire their injured worker, who is in the process of claiming for compensation benefits. But just in case there is a sign of it, do not be afraid. Worker compensation is guaranteed by the government to ensure justice.
Lacking communication with legal experts
Communication with legal experts should not stop after a claimant is awarded the compensation benefits. There are many stories of denied utilization review and claimants have died or disabled for life as a result.
Utilization review is the reviewing process done by employers or claim administrators on the medical treatment requested by the medical practitioner in charge of a claimant’s case. If this process takes too much time, the claimant’s life will be at stake. But delays of the review and even rejection of the necessary treatment is frequent these days. To avoid or to overcome that trouble, it is best for a claimant to keep the communication with his/her lawyer until there is no longer any medical issues.
So what exactly is ‘personal injury’?
Not every accident counts as a personal injury case, in order to make a claim, your injury must have been caused by the negligence of another individual, a property management company, a property owner or even a local, state or federal government.
A personal injury could be:
-A physical injury, disease, illness/death or
-A psychological injury or illness
The main dispute in any personal injury claim is negligence. If you were injured due to someone else’s negligence or lack of duty of care then you may be entitled to compensation. But this, of course, has to be proven. There are 4 things you must prove to hold a ‘party’ legally liable for your injury to be awarded damages:
-The party had a duty to act reasonably according to the circumstances
-The party breached the duty
-The party’s breach of duty caused you to be harmed
-You suffered monetary damages due to the harm you suffered when the party breached its duty of care
After coming to a conclusion about what your injury is and who you are going to hold responsible, you then have to think about if the injury has happened purely by chance and couldn’t be prevented or have you became injured as the result of the other ‘party’s’ actions. Lastly, if you think the injury has been caused because of another party’s actions, then do you have sufficient evidence to support this? If so then you may have a greater chance of winning your claim.
If your injury comes under these pointers then you are most likely in a position to make a claim for ‘personal injury’.
If you are unsure whether you are in a position to make a claim or not you can receive free and impartial advice from the team at Beecham peacock solicitors in Newcastle, the discussion is free of charge and there is no obligation to use their services.