Sun. Jun 16th, 2024

It is impossible to eliminate the possibility of getting hurt in a workplace even with all the safety protocols available. Since such an unfortunate accident is unavoidable, Canada’s Workers’ Compensation Board (WCB) has established standards for the companies who must compensate for their negligence.

Now, let us explain why having a workers’ compensation lawyer is important. The act was intended to protect the workers from lost wages and life-long medical expenditure due to the injury.

However, the procedure is not as straightforward as it appears since your employer may want to settle with less money or, in the worst-case scenario, refuse to pay any money at all.

You have no choice but to hire a WCB lawyer to help you fight for your deserved compensation. 

In a lawsuit, your workers’ comp lawyer can do a lot more for you in a case. Continue reading if you want to know more.

What Can a Workers’ Compensation Lawyer Do for You?

The road through the legal presentation necessitates a great deal of knowledge and experience in the respective field. Your employer may try to show that your claims are untrue and their carelessness did not cause the injury. 

Your WCB lawyer will assist you in going up against the company’s authority and presenting all of the essential proof to persuade them to change their minds and pay for the medical bills that cost you a fortune. It would be best to look for a lawyer who will represent your case on a No Win No Fees basis. You can also get free consultations, and the whole proceeding will not cost you anything if you lose.

So, with representing this case to the court, a lawyer will be there for you in the following stages:

  • Contact The Authorities:

Your lawyer will inform the necessary authorities that you will be applying for compensation. He will prepare the application, documents, medical records, and other essential reports and directly submit them to the authority.

Besides, your lawyer will decide where to initiate the application first. Such as Worksafe, WSIB, Workers Compensation Board, etc.

  • Getting Legal Information:

The comp law varies a little in every province in Canada. For example, Ontario, New Brunswick, and Nova Scotia have different proceeding systems that only a lawyer fully knows.

If your employee denies your claim, it is better to consult a lawyer to know your legal rights and have proper guidance on approaching the case.

  • Appeal to the court and tribunal:

Many workers often give up on their compensation after the authority denies their application. After that, A lawyer can help you appeal to the court and tribunal to fight for what you deserve.  

  • Building a Strong Case:

In many cases, the denial from the WCB board occurs because of specific issues. It would help if you had a lawyer to guide you on this path and close all the loopholes in your case. The lawyer will inform you with all the information of the papers and records you need to build a strong claim that you can win. 

There are some common reasons for which the authority may deny your application. They are: 

  1. Misplacing the medical evidence
  2. Fabricating the injury 
  3. Misusing one or more appointments with your doctor
  4. Your employer removed all the evidence of the accident
  5. You are not disabled entirely and are still eligible to work

Even though you are not fabricating any evidence, the board may think you are claiming the money unethically. Therefore, it is your lawyer’s job to arrange the case so that you can win your compensation money rightfully. 

What Are the Benefits You Are Expecting from Workers’ Compensation?

First of all, you should claim for your medical bills. If the accident at your workplace makes you disabled and, as a result, you cannot work anymore, you will get a lost wage benefit. You can claim 90% of your basic pay. 

However, you will get less than you claim because of tax benefits. Child support, spousal support, and payouts from other insurance payments can lower the amount of money you claim. 

The amount of healthcare benefit will depend on the following matters:

  • Hospital bills
  • Therapy sessions
  • Medications
  • Medical equipment
  • Prosthetics
  • Damages for clothing
  • Transportation expenses to receive treatment 
  • Personal care expenses.

Now, there can be two scenarios, whether you suffer from long-term or permanent injury or need a certain amount of time to recover from the injury and return to work.

It will be a wise decision to only settle for the money you deserve in both cases. And not agree with any lump sum amount of money your company is trying to give you to avoid the lawsuit. 

Conclusion:

At the end of the discussion, we only want you to hire a skilled workers’ comp lawyer and focus on your recovery. The process can be lengthy and stressful, so walking through these processes alone should not be a choice.

So, do not hesitate to hire a lawyer now that you know why having a workers’ compensation lawyer is important. Also, keep in touch with your company authority and WCB to not miss an important deadline.