Determining the Validity of a Workers’ Compensation Claim in Norcross
Workers’ Compensation benefits differ from personal injury lawsuits because they have their own set of rules and guidelines which claimants must abide by. In Norcross, workplace accident victims must follow these guidelines or risk having their claim for benefits denied.
For help with determining the validity of a Workers’ Compensation claim in Norcross, seek the advice of a skilled attorney by scheduling a consultation today.
Understanding the Criteria Used to Process Workers’ Compensation Claims
Retaining an attorney to discuss the severity of a claimant’s injury can be helpful in many ways. Judging one’s injury can be impossible, as no one is more familiar with the pain than the accident victim. An attorney presents a fair, objective evaluation that removes the subjective aspect from the analysis. The injury review often requires an assessment of the supporting medical evidence to determine the specific diagnoses that should be claimed; for example, back pain may be a herniated disc and not just lower back strain. The proof is in the details.
Determining Compensable Injuries
Not every injury will qualify under Workers’ Compensation laws in Norcross. While there is no checklist for what qualifies and what is excluded, most injuries resulting in hospitalization or extended time missed from work can satisfy the requirements. Some injuries are more straightforward to assess than others, such as those resulting from slip and falls or work-related motor vehicle accidents.
Other claims are more difficult to qualify, but may still be eligible for reimbursement under the statute, such as carpal tunnel syndrome, rotator or meniscal tears, or losing a limb, hearing, or sight. Soft tissue injuries are those that may not be seen by the naked eye, but cause significant amounts of pain, nonetheless. These injuries may be covered, including herniations, sprains, bulging discs, rotator cuff tears, frozen shoulder, meniscal damage, and other related symptoms.
Types of excludable injuries are those that are superficial, that heal on their own, or do not require serious medical attention. A minor contusion or cut that heals on its own without medical treatment, or a bruising that does not result in discoloration or scarring and does not cause continuous complaints of pain are some examples. The injuries that are eligible under Workers’ Compensation guidelines are incredibly fact-specific and will vary from claimant to claimant. Instead of determining eligibility alone, accident victims should consult Workers’ Compensation attorneys for consultations to discuss their claims.
Prevailing on a claim for Workers’ Compensation benefits requires filing the claim for benefits within one year from the date of accident, injury, or illness. This is significantly shorter than the statute of limitations that governs other Norcross personal injuries. Claimants that file after this timeframe risk losing their application as a matter of untimeliness.
In most cases, employers in Norcross are required to have Workers’ Compensation benefits available to employees. However, any business with two or fewer workers is not required to have Workers’ compensation insurance. Legal advice should be obtained for these claimants to determine the appropriate avenues to seek compensation and medical benefits for workplace accidents.
Contact a Workers’ Compensation Lawyer to Evaluate Your Case
Potential claimants in Norcross should consult legal counsel for an evaluation of your circumstances. Accident victims often make the unfortunate mistake of evaluating their claims themselves, which may risk excluding claims that may have qualified for benefits. Our lawyers are standing by to provide you with more insight about determining the validity of a workers’ compensation claim in Norcross.