As attorneys who have represented injured workers, we have heard many complaints about the process of workers’ compensation. Being injured at work is stressful enough, being forced into a process that can be anything but smooth at times only adds to the frustration.
In order to help ease your burden, we have put together the five complaints that we hear most often and attempted to put together explanations that can make things easier to swallow.
1. I was denied.
Without a doubt, this is the number one complaint among injured workers. Being denied doesn’t mean your case is over. It simply means that you may need the assistance of an experienced attorney.
Insurance companies try to keep premiums low. To do this, they scrutinize claims to the last detail and deny or red flag the claims they can. If every claim was approved, premiums would rise through the roof.
2. It is taking forever.
In truth, many workers’ comp claims are contested. A contested claim can take up to two years to be finalized. You are right in feeling like it is taking forever, but the workers’ compensation process is not a quick one in most cases. Chances are that your claim is right on track as far as a timeline goes.
3. The settlement offer was too low.
There are strict guidelines on what is and what is not covered under workers’ compensation. While you may feel that you are due more, it’s important to realize that pain and suffering are not covered. You will only be offered a settlement for lost wages, medical bills and other amounts depending on the severity of your injuries.
4. I was fired.
The only way your employer can legally terminate you is if you are cleared for work by a medical doctor and refuse to return. It is that simple.
5. I still have discomfort.
If your doctor has cleared you for work but you feel unable to return, seek a second opinion. Your doctor is only relying on their past experience and your description of symptoms. You know your body. Do know, though, that if you are cleared for work, you must either seek a second opinion or return to work. If you don’t, you risk termination.
The workers’ compensation claim process is rarely cut and dry. Don’t feel as though you are alone if things aren’t moving as easily or as quickly as you had assumed they would. If you believe that you aren’t being treated fairly or you need help with your claim, call our team of attorneys for a free case evaluation. We will advise you of your options and help you determine your next steps. Call now.