Workers often don’t know what to expect when they require workers’ compensation benefits. Many people recognize that the claims process is complex and stressful, so they may retain a lawyer. However, not all attorneys offer the same standard of representation in workers’ compensation cases. Many just float along, offering the minimum amount of support necessary to uphold their duty to their clients. They may not give their clients the full picture before and during a claim. They may fail to provide appropriate advocacy and guidance.
Contrary to what many employees in Illinois expect, the workers’ compensation process can be somewhat adversarial. It is not inherently fair to employees. An attorney generally needs to help a worker navigate a system that largely benefits their employer.
Coverage isn’t complete
The first thing workers need to understand is that workers’ compensation does not provide comprehensive protection for all losses incurred. Disability benefits only cover a portion of someone’s lost wages. Even then, wage replacement benefits are subject to rules that impose a maximum weekly amount based on average wages across the state.
Letting the company choose the doctor can be a mistake
Medical professionals should be neutral in how they practice medicine. Their main objective should be the best possible outcome for their patients. However, many physicians have a history of working with businesses and insurance companies in particular.
They may not offer the same standard of support to injured workers as those without connections to workers’ compensation insurance companies and major employers. Employees may end up sent back to work without appropriate treatment and recommendations for necessary accommodations if they select the wrong doctor.
Companies have many ways to deny or limit claims
There are many workers’ compensation rules that businesses can leverage to their own advantage. In a variety of circumstances, companies can potentially justify denying or limiting benefits. Small mistakes by a worker after they get hurt or during the claims process can affect the treatment and compensation they ultimately receive.
Hiring the right lawyer and having appropriate support throughout the claims processes is of the utmost importance for injured workers. An attorney can handle paperwork, secure necessary documentation, communicate with insurance providers and provide guidance when selecting the physician to oversee a worker’s care. Those who have the right assistance often better understand their rights. They can then choose the right doctor to oversee their care and fight back more effectively if a company refuses to honor its obligations.