What Does a Workers’ Compensation Attorney Do?

Posted by: Jul 27, 2018Articles & Advice

What Does a Workers' Compensation Attorney Do? If you or someone you love recently got hurt on the job, you are probably thinking about filing for workers’ compensation.

However, the system is complex, and even a small mistake can lead to a claim denial. A workers’ compensation lawyer can help with your case.

We often work with clients who ask us what a workers’ compensation attorney does.

We have some information to answer that question.

Helping Vermont Employees to Seek the Compensation They Deserve

First and foremost, a workers’ compensation attorney helps injured workers. The assist with getting the compensation they deserve. This means that a workers’ comp lawyer can work with you from the beginning of the claims process until you receive your compensation and benefits. The Vermont Department of Labor requires specific steps to have a successful claim. Your workers’ comp attorney can help you through this process.

The claims process generally has the following requirements:

  • Employee must report the injury to his or her employer as soon as possible;
  • Injured party must seek medical care and receive a written note from a doctor if the injury renders the employee unable to work;
  • Employer needs to report the injury to the Vermont Department of Labor within 72 hours of receiving notice of the injury;
  • They may need to see a company doctor picked by the employer, but ultimately the employee can choose his or her own health care provider (but must fill out a Form 8 Change of Health Care Provider in order to do so);
  • Investigate the claim within 21 days from the date that the employer receives notice of the injury;
  • Insurance company sends employee a Form 7 Medical Authorization to access injury-related medical records;
  • The employee fills out and returns Form 7 Medical Authorization;
  • Employee updates insurance company concerning any medical appointments or changes;
  • Employee learns whether employer approves or denies the claim.

Providing Experience When You File Your Workers’ Compensation Claims

Workers’ compensation attorneys understand Vermont workers’ comp law and have years of experience handling workers’ compensation claims. This means that a workers’ comp lawyer helps employees who have gotten hurt on the job to, for example:

  • Fill out necessary paperwork properly;
  • Contact your employer;
  • Contact your doctor;
  • Notify the insurance company and other parties; and
  • Obtain medical records.

Handling Dispute Resolution for Workers’ Compensation Claims

If you already filed your workers’ comp claim and got denied benefits, a workers’ compensation attorney can also help you to appeal your denial. Or, perhaps your company approved your claim but you were not compensated at the rate you believe is appropriate. There is a dispute resolution process for workers’ compensation claims, and it requires that the party file a Notice and Application for Hearing (or a Form 6). Then, a workers’ comp lawyer can help with any of the following in the dispute resolution process:

  • Appealing a denied claim, either in whole or in part;
  • Appealing the calculation of the rate of compensation;
  • Disputes concerning the correct impairment;
  • Disputes concerning the reasonableness and necessity of an employee’s medical treatment; and
  • Issues related to vocational rehabilitation.

Contact a Vermont Workers’ Compensation Lawyer

If you still have questions about what a workers’ comp lawyer does or if you need help with your claim, an experienced Vermont workers’ compensation attorney at our firm can speak with you today. Contact Sabbeth Law for more information.