Check out our latest posts from our legal blog!

Next Steps To Take When Workers’ Compensation Claims are Denied

You just got denied workers’ compensation. What next? This fact leaves you confused with health issues and financial strain. All these take a toll on your mental health, and no one deserves that. 

Workers compensation is a safety net that provides medical and financial support to employees injured at work. However, it’s not always as easy as it sounds. Work compensation insurance companies often deny worker comp claims. 

But if you genuinely deserve it, you shouldn’t relent until you get what you deserve. Keep reading for better insights into why compensation claims get denied and the next point of action when it does. 

Why Do Claims Get Denied?

Workers' Compensation ClaimsCommon factors that lead to denied workers’ compensation claims are as follows: 

Insufficient Evidence of Work-Related Injury

Evidence is a crucial factor that can swing the pendulum in your favor. When you can’t prove that your injury occurred as a result of your work activities, you may get denied. So, factors like lack of medical documentation, witness statements, etc., may affect this. 

Missed Deadlines

To understand this better, check your state’s statute of limitations because each state has a timeline for reporting such injuries. If you file your claims later than required, you may risk automatic claim denial

Discrepancies in Claim Details

When you file your claim and present evidence, the two need to be consistent. Any inconsistency, even as small as how the injury occurred, may be detrimental to your claims. 

Inadequate Claim Documentation

While filing claims, you need to complete your paperwork diligently. Failure to provide complete or correct details could result in a denial. You should also include all the necessary reports and medical evaluations. 

Immediate Steps After Workers’ Compensation Claims Denial

What should you do immediately after you receive a denial? For one, don’t give up. Denial doesn’t mean you don’t have a chance anymore. Here are some precise steps that can affect your appeal: 

Thorough Review of the Denial Letter

Before doing anything else, examine the denial letter thoroughly. In it, you’ll find details on the appeal, especially the reason for the denial. These details will inform your next line of action. 

Collecting Additional Evidence

If your claim failed due to lack of evidence, you can find more evidence to support your claim. This could include witnesses who experienced the incident, documentation, or extra reports. Ensure you address every issue stated in the denial letter before appealing.

Correcting Discrepancies

Finally, correct any discrepancies in your paperwork and attach necessary documents where required. These little attempts to improve your claims add up eventually. Most importantly, check to confirm that you addressed every issue meticulously. 

How to Appeal a Denied Claim? 

Before securing a workers’ compensation hearing, you need an attorney. Why? Consulting them gives you a better chance of winning your appeal. They have insight into the complexities of workers’ compensation and your legal standing in the case. 

An experienced worker’s comp attorney will strategically plan your appeal to improve your case. They’ll advise you on the most convincing evidence, etc. 

Now, when you secure a hearing, you have to prove two essential things: 

The first one is that the injury happened while you were working.

The second one is causality. You have to be able to prove that the injury caused your current medical condition. 

If you fail to prove either of the two, your chances of winning your appeal are low. 

Proving that an injury occurred on a job is pretty straightforward. You can make a convincing case for yourself with your account of the event and vital witnesses. However, medical causality is challenging to prove without a great attorney and a great doctor. 

You essentially need to convince the court that you didn’t have medical conditions that could be the root cause of your medical issues. Proving this requires several medical reports, X-rays, and previous medical records. 

Final Words

As a worker with a denied claim, we suggest seeking an attorney’s expertise. A lawyer familiar with worker’s comp will understand the whole case better. They can usually guide you on the steps to take while appealing. 

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Divorce Mediation vs. Litigation: Which Perfect Is For You?

divorce mediation vs. litigation Deciding to get a divorce exposes you to chains of issues. You’ll need to make several decisions off the bat. Some easy. Some tricky. Yet this phase comes with its fair share of emotional baggage. 

However, the chief decision is to choose between mediation and litigation while getting a divorce. 

This is one of the tricky decisions because it influences your emotional well-being or future relations with your ex-spouse. 

Litigation is a formal process in which a judge imposes orders through court judgments and resolves disputes. On the other hand, divorce mediation involves a third party who facilitates dialogue to help estranged couples reach a mutual separation agreement.

What’s your best bet while separating? When should you opt for either of the options? Well, keep reading. We’ll walk you through what you should know about litigation and mediation. 

What is Divorce Mediation?

It’s an interactive process where an impartial, neutral party resolves conflicts between estranged couples. The third party involves negotiation and communication techniques. 

Mediation is an alternative dispute resolution method to resolve differences and reach a mutually beneficial consensus. What are the perks of divorce mediation? 

One benefit is that it’s less expensive than actual litigation. You only have to pay court filing fees and the mediator’s fee. Typically, the parties split the mediator’s fee, reducing the financial burden on each party. 

Another benefit is the private mediation sessions and quick resolution times. This privacy means you can separate without airing your dirty linens outside. 

Since you’ll reach a mutual agreement with your partner, meditation preserves a healthy post-divorce relationship. Most times, the children enjoy the best parent-child relationship possible after a divorce.

Put simply, opt for meditation if you are open to compromise and wish to pursue negotiations in good faith. 

How Does Divorce Litigation Work? 

In divorce litigation, facts and evidence prevail and influence the judge’s final decisions, binding on the parties. It’s the traditional way of dissolving marriage, where each party presents their case before a court and undergoes a formal proceeding. 

One of the perks of litigation is the judge’s binding decisions and enforcement of legal precedents. Divorce litigation works when parties are noncooperative or require complex asset division. 

The judge makes a ruling binding on both parties with the option to appeal when needed. Cases involving domestic abuse or disputes over child custody often lead to divorce litigation. Sometimes, couples opt for this option when the parties can’t reach an amicable agreement after trying mediation. 

Divorce Mediation vs. Litigation: Making a Decision 

To finally choose the right route for separation, you’ll need to confirm these factors: 

Cost 

Litigation is pricier than mediation. However, it costs more money and more time. Spending money on divorce lawyers and court procedures and wasting more time could be a turnoff. Mediation, on the other hand, is more straightforward, costs less, and typically has a shorter procedure.

Time

Divorce mediation cuts out some court schedules and legal procedures to conclude faster. However, litigation could last months or years, depending on the case’s complexity. Sometimes, lengthy court backlogs also drag litigation time, so the parties sometimes have to wait years before getting justice. 

Emotional Toll

During a mediation process, the parties are less adversarial and more collaborative. Hence, the families and estranged couples experience less emotional strain. Conversely, litigation’s confrontational nature causes bitterness and more stress–even for the kids. 

Outcomes

Litigations don’t always lead to satisfactory judgment. The court makes decisions based on discretion, which isn’t always favorable to the parties’ opinions. 

On the contrary, mediation offers a chance to customize their agreements, promoting mutual satisfaction. 

Bottom Line

Couples seeking a less expensive way to divorce and willing to compromise may opt for mediation. For mediation to work, both parties should have a balanced playing field. It might be difficult to reach a consensus if either of the spouses has the upper hand. Finally, both parties must be willing to compromise and commit to the process. 

If any of the spouses is deceitful or ready for outright battle, mediation won’t work. You are better off with divorce litigation. 

The complexity of your situation and the kind of relationship between the couple also affect the best option for you.

Alternatively, you can resolve some issues through mediation and narrow down the litigious matters. 

 

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To Be Or Not To Be A Sole Trader

General LegalLegal Advice To Be Or Not To Be A Sole Trader

When you are starting a business there is a multitude of decisions that you need to make with everything from the company name to your choice of commercial lawyer on the list of options that you need to finalise.

Another decision you need to make is exactly what sort of business entity you are going to operate as. By business entity, we are not referring to the business sector or niche you are going into but rather the legal status of the business you are creating. Depending on the size of the business you are creating and the initial capital you are investing you have a number of choices.

These include a corporation for larger-scale businesses, a limited company, a partnership, or it could be that you setting out in one of the simplest forms of business you can start and that is as a sole trader.

Starting as a sole trader has its pros and cons and it is by weighing these up that you can decide whether it would be the most appropriate for your situation or not. Obviously, we would recommend you speak to your commercial lawyers for more detailed advice, but for now here are some of the basics you need to know about running a business as a sole trader in Australia.

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How To Prepare For Your First Meeting With Your Divorce Lawyer

General LegalLegal Advice How To Prepare For Your First Meeting With Your Divorce Lawyer

Going through a divorce can be a highly emotional and stressful experience, however, there are several ways you can reduce the angst. One of those is hiring an experienced and accomplished divorce lawyer and helping them as much as you can to make the best possible case they can for you throughout the negotiations, and at court, if the need arises.

Now, it is unlikely that you will have kept a divorce lawyer ‘on hold’ as it were and paid them a retainer just in case your marriage ever went awry…at least we hope you didn’t. It can seem like a cynical world sometimes, so we assume you wanted your marriage to work, rather than expecting it would not, by having a divorce lawyer on standby.

Once you hire a divorce lawyer, one of the most important meetings you will have with them is the first one. This is important for several reasons, but one that is key is that it will confirm, or not, that you are comfortable discussing your marriage and other aspects of your personal life with this particular divorce lawyer.

Depending on how amicable or not the split is, or how likely or not a negotiated settlement might be, there is always the possibility that the divorce will end up in court. If it does, your ex-partner’s lawyer will quite rightly do all they can to make their case, and that could involve bringing up elements of your personal life that you might find uncomfortable.

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3 Reasons Why You Should Always Consult An SEO Expert

SEO For Legal Firms

Search engine optimisation (SEO) can be tricky, especially when it comes to competitive fields and industries. Lawyers and law firms throughout the world spend huge amounts of money every year in an attempt to maximise the online presence and visibility. However, inefficient practices mean that they don’t always get the best return on their money.

Hiring a professional SEO consultant can help you get much better returns on your SEO investment. An experienced consultant will know what they are doing, will be able to make the small changes necessary to boost your website up the search engine rankings and should be able to drive a lot more organic traffic to your firm’s website.

My top 3 reasons why you should always use an SEO expert include:

  1. They Will Do Things Right

SEO mistakes can have severe negative impacts on your law firm’s organic search engine rankings. Unfortunately, it’s possible to make large SEO mistakes without even realising it, especially if you don’t have a lot of training or experience in the field. This often happens when lawyers attempt to take control of their site’s SEO.

Hiring a professional SEO consultant will help make sure that your SEO is done right – the first time. They will follow all best practices, and won’t waste time doing things that won’t have any effects on your overall rankings.

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Benefits Of Using A Social Media Specialist To Manage Your Law Firm Profiles

Social Media Marketing

Social media should be an important component of any law firm or lawyer’s digital strategy. A huge percentage of the world’s population uses social media in some form or another, and you would be stupid not to take advantage of it.

Sure, most people don’t jump on Facebook to look at a law firm’s page or content, but that doesn’t mean that you can’t get through to them with well planned, cleverly constructed content. Some people manage their company’s social media profiles by themselves, but I would recommend using a social media specialist.

A few of the benefits associated with using an experienced social media manager to look after your law firm profiles include:

They Know What Sort Of Content People Want To See

As a lawyer, you will be able to create and post content which is correct, valuable and informative. However, you might have a bit of trouble turning it into something that people can really connect with and relate to.

A social media specialist should understand exactly how to interact with people and how to create content that will have the biggest impact. This means that more people will be interacting with your different profiles or pages, which in turn means that more people should be visiting your website. In the end, that’s the ultimate goal of social media marketing.

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What Does ‘Local SEO’ Mean And Why Is It Important?

SEO For Legal Firms

SEO for lawyers and law firms can be complicated and difficult. There is a lot of competition between firms, especially in larger cities and more populated regions. It is therefore important to make sure that you get on top of all aspects of SEO for your law firm to make sure that your organic search ranking is as good as possible.

Local SEO is a huge part of law firm SEO in general. A lot of people don’t understand the difference between local and general SEO, and this negatively impacts their optimisation efforts.

What Is Local SEO?

Basically, local SEO refers to optimisation with location based searches in mind. Searches with a physical address or location allow people to find law firms and other services in their area. If you run a relatively small firm that works in a specific geographical area, then you need to make sure you put plenty of time and effort into your local SEO efforts.

Why Is Local SEO So Important?

A huge percentage of people use Google or another search engine to find local businesses offering the services that they want. It has been estimated that over 50% of local customers who search for a local business – such as a law firm in their area – will visit a store the same day. Surely you can see how boosting your organic ranking using local SEO could have a positive impact on your store.

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SEO Secrets For Lawyers To Boost Your Traffic

SEO For Legal Firms

SEO for lawyers and law firms can get competitive. It’s fine to spend thousands of dollars on things like guest posting and content creation, but did you know that there’s a lot of small things that can boost your website straight up the organic search rankings?

Google looks at over 200 ranking factors when crawling your law firm website. Some of these are more important than others, but they all count. Unfortunately, a lot of lawyers ignore some of the easiest ranking factors. The following law firm SEO secrets should help you get the most out of your optimisation efforts:

Make Sure You Maintain A Local Focus

No one cares if you hit the top of the search engine rankings in another part of the world. Your SEO efforts need to be focused on searches that are happening within the area that you work in. This means that you need to identify local keywords and build your content around these.

Make sure that your address and contact details are listed properly in as many online directories as possible, and make sure that you’re using a free Google My Business account. Working on your local SEO efforts can lead to huge short-medium term increases in the amount of traffic arriving on your website, so it’s worth doing.

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