Any workplace injury can be serious, but suffering a spinal injury can be catastrophic and may require the help of an attorney, like a workers comp lawyer Milwaukee WI trusts, to receive fair compensation. Though workers compensation benefits are intended to fulfill the medical needs and other costs of an injured worker, they may not be enough in some cases. This is especially likely to be true for employees who suffer the most serious of injuries, including those to the spine.
Filing a Workers Compensation Claim
Following a workplace injury, the victim should notify their employee right away. In some scenarios, if a worker sustains a particularly egregious injury, they may be hospitalized immediately and in that case are not expected to fill out the necessary paperwork. However, to ensure their rights are protected, they should seriously consider hiring a seasoned workers compensation lawyer. Their attorney can make sure that all of the necessary forms are correctly filled out, submitted to the appropriate authority, and that they meet all of the deadlines. This is important because spinal injuries are nearly always expensive to treat and very often require extensive recuperation which means paid time off from work. This will be an enormous cost for the insurance company and the employer’s insurance premiums will likely increase. If the injured worker does not adhere to their company’s workers compensation claim policies, they will be vulnerable to a claim denial.
Recovering Your Damages After a Spinal Injury
If you suffered a spinal injury on the job and were approved for workers compensation benefits, they may not be enough. In fact, it may not be nearly enough. Spinal injuries may cost more than your employer’s workers compensation insurance will cover. The costs associated with your spinal injury may include any of the following:
- Surgery, or multiple surgeries.
- Wheelchair rental or purchase.
- Physical rehabilitation.
- Medications.
- Home healthcare aide.
- Home healthcare equipment.
A skilled workers compensation lawyer can work toward a fair settlement with the workers compensation insurance company. If they will not agree to a reasonable damage award, then an attorney is prepared to file a lawsuit on your behalf. This in itself may motivate the insurance company to return to the negotiating table.
Types of Workers Compensation Disability Benefit Packages
Depending on the severity of your spinal injury, you may qualify for disability benefits. The determination will have to be made by a workers compensation board-approved physician who specializes in spinal injuries. There are four main types of disability benefit packages:
- Permanent Total Disability
- Permanent Partial Disability
- Temporary Total Disability
- Temporary Partial Disability
Your workers compensation lawyer can refer you to an independent spinal specialist for a second opinion. If the second opinion differs substantially from the employer’s designated physician who first examined you, you can challenge the first diagnosis. It’s not unusual for an insurance company’s doctor to downplay the seriousness of your injury. This way, they may not be held liable for as many costly treatments. When you hire an experienced workers compensation lawyer, your rights can be protected so that you can receive the treatment you need to recover as fully as possible.
If you suffered a spinal injury while on the job, call an attorney for a no-obligation, no-fee consultation with a respected workers compensation lawyer from our firm.
Thanks to our friends and contributors from Hickey & Turim, SC for their insight into workers compensation practice.