There is no such thing as "workers comp law," so even though they advertise as such, there's no such thing as a "workers comp lawyer." They're personal injury lawyers, personal injury being a type of civil law.
If an insurance company refuses a claim, there is a right to appeal. That's a hearing before a judge or mediator. If won, and the insurance company still doesn't pay, your personal injury lawyer will file a personal injury lawsuit on your behalf.
Did you read the thread? OP believes it's a conspiracy. There's no conspiracy, only bureaucracy. If a claim is denied, it will most likely be because there is a problem with the application, i.e. an error made by the applicant, and not because employers and their insurance companies have teams of high powered attorneys that all day every day work to make sure no one gets paid workers comp. That's ridiculous.
The fact of the matter is that only 7% of workers comp claims are denied. Only 5% get to an appeal hearing, and only a tiny fraction resolve in lawsuit. 93% of all workers comp claims are accepted outright without a fight.
No, it's not.
Workers comp for death at work might be, because it's open and shut, but workers comp for death caused by work is as often disputed as any other work-caused injury.
> There is no such thing as "workers comp law," so even though they advertise as such, there's no such thing as a "workers comp lawyer."
There is distinct law and legal process around workers comp, and there are lawyers that build their practice around it because their is a sufficient body of disputes to make that worthwhile. Yes, it's a subset of personal injury law, as workers compensation systems are themselves an outgrowth of one particular liability rule in personal injury law.
> OP believes it's a conspiracy
That's nice. Neither that, nor its negation, is the claim I took issue with.
Yes it is. If there's a body, and a claim, unless it is an act of God, there is never any dispute. In these cases, payment is automatic. There may be a separate lawsuit for unlawful death or pain and suffering or anything under the sun, but the workers comp claim is automatically approved and paid.
> There is distinct law and legal process around workers comp...
What you're talking about is convention. Convention is not law, it is merely an arbitrarily adopted process. This is not a subset of personal injury law, it is personal injury law.
> the claim I took issue with.
Let's get back to the statistics (which obliterate your objection):
only 7% of workers comp claims are denied. Only 5% get to an appeal hearing, and only a tiny fraction resolve in lawsuit. 93% of all workers comp claims are accepted outright without a fight.
Disagree all you wish, it is your right, but you will continue to be mistaken.
True, but I didn't claim that.
I did state that the claim you made that “workers comp ... always gets paid without a fight” is false, which it is, and your stats show that clearly.
No, it doesn't, which is why workers comp lawyers exist. Disputes occur over all of:
* was there a covered event
* whether particular injuries were due to the event
* whether particular interventions are medically appropriate
* Whether, and the extent to which, disability remains when the employee has achieved their permanent and stable level of recovery.