There are many mistakes that an individual must avoid when filing a Charleston worker’s compensation claim. One of the biggest mistakes that injured workers make when they have a Longshore and Harbor Workers’ Compensation case is not calling an attorney to find out their rights.
Many seek the advice of a lawyer six to nine months later. The insurance company told them they only have a state workers’ compensation case when, in fact, because of their situs and their status, they fall under the Longshore and Harbor Workers’ Compensation Act. They could have had and are entitled to better benefits and the higher compensation rate.
To best understand the mistakes you should avoid when filing a Charleston longshore and harbor accidents claim, it is important to consult with an experienced attorney as soon as possible. A knowledgeable lawyer can assist you in building a claim to help produce a successful recovery on your behalf.
Not Choosing the Correct Doctor
Another mistake an injured worker makes when filing a Charleston worker’s compensation claim is that they go to the employer or their insurance carrier and let them pick the doctor. The employer or insurance company sends the person to a conservative doctor, a defense-oriented doctor that will likely minimize the treatment.
In other situations, the injured person is sent to a physician who does not have the right level of expertise or is conservative and defense-oriented and may not recommend the treatment modalities that a physician who is more fair and balanced would.
Also, when an employee is injured on the job, they sometimes ignore the injury or feel it is not severe and make the mistake of not reporting it right away. This can be a mistake.
Misrepresenting Earnings
Another error occurs when the average weekly wage compensation rate is whatever the employer carrier tells them they get. The person does not get the proper documentation and does not understand what the appropriate average weekly wage and compensation rate should be.
Interacting with Insurance
The injured person may not appreciate the fact that the nurse case manager assigned to the file is not their friend. The case manager may have an adverse interest in that person getting the paycheck from the insurance company. The insurance company would like nothing more than to minimize what they must provide in medical and monetary terms in the case. The injured person may not understand that the adjuster or the defense lawyer assigned to the case by the insurance company has an adverse interest.
The insurance company looks for every opportunity to deny all or part of the case. Another mistake happens when the injured person makes a recorded statement with the insurance adjuster without having an experienced lawyer present to protect them from leading or improper questions in an effort to find some way to deny part or all of the case.
There are so many mistakes the injured worker can make when filing a Charleston worker’s compensation claim that are easy to avoid if the person knows about them. A qualified lawyer can help navigate through this process to get the right and proper result in the case.
Benefit of an Attorney
An experienced attorney has many tools to avoid making these mistakes when filing a Charleston worker’s compensation claim. An experienced lawyer has letters and pleadings that address many of the defenses and mistakes and can prevent them before they occur and help create a smooth claims process. The injured worker can just concentrate on going to their medical appointments and getting better.
The lawyer can help the injured worker get the appropriate amount of money sent to them every week so they can pay the bills and mortgage and not be stressed. Things get stressful when the pressure is on; perhaps they have pressure to return to work too soon, to complete medical treatment before it should be completed, and so forth.
A qualified Longshore and Harbor Workers’ Compensation attorney’s office has experience working with the insurance company to address these issues.
