What is the Role and Responsibility of a Workers Compensation Attorney?

You never know when you could get injured at your workplace. That is especially true if you are in a high-risk occupation or one that requires you to do physical labor. For instance, you might fall off a ladder and break your leg, or you could strain your back while attempting to lift a heavy item. Even in relatively sedentary occupations, there are risks of injuries. Developing carpal tunnel syndrome, for example, is common in jobs requiring repetitive movements, such as in typing.

Whatever the cause of your injury, you could find yourself unable to work for days or months afterward. You might even have to give up your profession permanently. Additionally, you could find yourself facing very high medical bills. To enable you to cope with such a dire scenario, Arizona state law mandates that you get work injury compensation and benefits commensurate with your condition. Filing a compensation claim, however, can be a complicated matter, and by hiring a work comp attorney Phoenix residents like you can get essential legal advice.

Let’s consider the role and responsibility of a workers’ compensation attorney in steering you through the tough times:

Gathering evidence

The attorney will conduct legal research and gather evidence about the workplace accident, your injury, and your medical treatment. They will gather medical prescriptions, receipts, and bills. They will take depositions from the doctors who have examined and treated your workplace injuries. They may also consult other medical experts on the matter. It is essential to have this evidence at hand to present to your employer, their insurance company, and the Industrial Commission of Arizona (ICA).

Conducting legal research

The workers’ compensation attorney will conduct extensive research on your employer, their insurance company, and their medical provider network. They will find out what types of workplace injury benefits are available for people in your situation, and if having any pre-existing conditions can make a difference to your claim and what you can do about it. Furthermore, they will calculate how much monetary compensation you can expect, and when you can receive it.

Drafting legal documents

Arizona employers are legally obliged to send you to a medical provider in their insurance network and notify the insurance company of your workplace injury. However, some employers and their insurance companies may be reluctant to take responsibility and make compensation payments. Your attorney will then have to file a compensation claim on your behalf with the ICA within a year. They will also have to file other legal documents, such as findings of facts, motions, and briefs.

Communicating with insurance companies

Since insurance companies try as much as possible to save their money, they will not make it easy for you to receive your compensation. They may deny your compensation claim, find issues in it to pay you a reduced amount, or drag out the matter for months on end to make very late payments. Dealing with them could be stressful for you. Your attorney, on the other hand, will be accustomed to such legal dealings and will be able to handle the matter competently for you.

If your employer does not have any workers’ compensation insurance, your attorney will file a claim with the Special Fund Division and make sure that you receive some compensation.

Following legal developments

The workers’ compensation attorney will look out for your interests by keeping up with the legal developments in your case. If the ICA rejects your workplace injury claim, the attorney will file an appeal on your behalf within 90 days. They will argue your case at the subsequent hearing before the ICA and make every effort to convince the commission of the authenticity of your claim. And if your employer fires you over the compensation claim, the attorney will also file a discrimination claim with the ICA’s Labor Department Division.

To get the complete workplace injury benefits and compensation that you deserve, it is essential to be knowledgeable about the legal system as well as to be skilled in navigating through its intricacies. By having their interests handled by an experienced work comp attorney, Phoenix residents can expect to get a fair and just deal from their employers and their insurance companies.

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