do you need an attorney when filing workers comp

Get the Justice You Deserve After a Workplace Injury

Seeking justice after an injury or illness on the job should be relatively easy, but it isn’t. Thus, you have to hire a workers’ compensation claim attorney to help you navigate the terrain and get just compensation.

Frequently Asked Questions

Each state has a statute of limitations on filing workers’ comp claims, and you might have to report the injury/illness to your employer first to qualify. File a claim as soon as you can.

You Have a High-Dollar Case

As a general rule, you can most likely represent yourself if the workplace accident only gave you a minor injury or illness. While there are still complications that could make it important to hire a lawyer, most claims that are lower than $10,000 in value do not require legal representation.

Your Employer Is Refuting Liability

It is important to report your accident and injury to your employer right away. Although Georgia law gives you a maximum of 30 days to report an injury to an employer for a workers’ compensation claim, immediate reporting is best.

The Insurance Company Has Denied Your Claim

If you have received a rejection letter from the insurance company, call an attorney for assistance. You have the option of appealing the decision. You can request an internal review or a third-party review by an organization such as the Georgia Office of Insurance.

You Wish to Make the Claims Process Easier

Finally, you may wish to hire a lawyer to file a workers’ compensation claim for you if you would like to focus on healing and moving forward rather than the complicated legal process.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What does a workers compensation attorney do?

An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.

Why is my workers comp claim denied?

One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.

What happens if a subcontractor is responsible for another subcontractor's injury?

If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.

What can an attorney do for you?

An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement.

What can a lawyer do for you?

They can offer legal advice to warn you of possible complications that would require their services. At the very least, it will help you feel more informed and better prepared for dealing with the insurance and employer.

Can a worker's comp attorney appeal a denial?

A Worker’s Comp Attorney Can Appeal a Denial. Many times, a workers’ compensation claim will be denied. The person may have waited too late to file a claim or filed it incorrectly. They may have left out important information, or some other reason caused the denial.

What do you need to do if you have a dispute with your workers compensation?

If you want to oppose the insurance company’s position related to your claim, you require skills specific to expert DLG attorneys, such as deposing witnesses, vetting and hiring expert witnesses, and generating persuasive arguments that will prove your claim.

What happens when you have a workers compensation hearing?

When you have a workers’ compensation hearing: If an insurance company offers the worker an unsatisfactory settlement, or simply refuses to settle, the worker must prove his or her case at a hearing.

What happens if you can't work due to your injury?

When you cannot work due to your injury: If the worker has been permanently injured so severely that ever working again in his or her lifetime is highly unlikely, it is vital to obtain a substantial settlement or award. Even if the injury forces the victim to make a drastic career change, a large settlement is also deserved. For instance, if a construction worker’s accident resulted in two broken legs, she may be forced to find another career. This process may be long and difficult, and require enrolling in school to learn a new trade. She may also experience difficulty securing employment in her new field as a novice without experience.

How long does a worker have to give notice of work related injury in California?

California Workers Compensation Laws are Time-Sensitive. In California, an injured worker has 30 days to provide written notice to an employer of their work-related injury. After the notice has been submitted, the employer must give the worker a claim form within one day of receipt. Injured workers can receive a variety of benefits, ...

Why do people need a lawyer?

Often times, injured workers wait too long to contact a personal injury attorney after an incident.

Can you get reduced benefits if you are injured?

When receiving government benefits at the time of your work-related injury: If an injured worker is receiving benefits such as Social Security Disability Insurance (SSDI ), these benefits may be reduced if the worker is granted workers’ compensation benefits. DLG’s lawyers have the expertise required to help ensure that your SSDI benefits are not reduced, thereby maintaining your quality of living.

Do employers have to provide workers compensation in California?

Employers in California are required to provide workers’ compensation to all employees, with a few exceptions. Additionally, an employer must provide the injured worker with a claim form and authorize medical treatment up to $10,000 throughout the pending claim.

What to do when your workers compensation is denied?

The first step to take when your workers’ compensation has been denied or reduced is to request a hearing before a Workers’ Compensation Board judge. In this situation, you want to have experienced, aggressive legal representation on your side fighting for benefits that are rightfully yours.

Can a workers compensation lawyer prolong treatment?

Unfortunately, if your injury requires surgery or extensive treatment, the insurance company will likely prolong approving the necessary care. A workers’ compensation lawyer will be able to put pressure on the insurance company and get you the treatment you need.

Can you get reduced Social Security if you get workers compensation?

If you’re receiving Social Security Disability Insurance (SSDI) benefits, they may be reduced if you start receiving workers’ compensation benefits as well. Both programs come with several intricacies that determine much of the amount you can receive, and how the programs may interact with one another. For this reason, it is extremely important to consult with an experienced attorney if you are hoping to collect Workers’ Compensation and/or Social Security Disability Benefits.