does your employer get upset when you hire a work comp attorney

by Aric Schoen 4 min read

Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers' compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms.

Full Answer

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

What happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

What happens if you don't meet the requirements for workers compensation?

On the other hand, if your employer does not meet the requirements, you may have the option of seeing your own medical provider, which may be more beneficial. A workers’ compensation attorney can ensure you understand which doctor you need to see and when. 18. You Develop Symptoms Gradually Over Time.

How Much Will I Have to Pay My Workers’ Compensation Lawyer, and When Will I Pay?

Frommer D’Amico works on a contingency basis, meaning you will not pay if there is no recovery for you. There are only three ways you ever pay us a fee:

What Does a Pennsylvania Workers’ Compensation Attorney Do?

If you experience any of the situations described above, a workers’ compensation attorney can:

What to do if you have already filed a workers compensation claim?

If you have already filed a workers’ compensation claim and something goes wrong or you have concerns, contact a workers’ compensation attorney immediately. If possible, it is best to consult with a workers’ compensation attorney immediately after you have been injured.

What to do if your employer is retaliating against you?

If you file a workers’ compensation claim and your employer seems to be retaliating against you, you should speak to a workers’ compensation attorney immediately. This retaliation could take many forms, including reducing your hours, demoting you, harassing you, terminating your employment or engaging in other retaliatory behavior.

What is the purpose of workers compensation?

Workers’ compensation serves two main purposes: to ensure employees can secure benefits after workplace injuries and prevent lawsuits against employers when a worker is injured.

When an employer retaliates against a worker for exercising their rights and filing a workers compensation claim,?

When an employer retaliates against a worker for exercising their rights and filing a workers’ compensation claim, that employer violates public policy. Hiring an attorney can help you right the wrongs invoked through employer retaliation after a workplace injury. 8.

Why do employers hire attorneys?

This means that you are more likely to hire an attorney to help you out if they violate the law when they fire you. Most companies want to avoid an additional claim.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing. You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

What protections do I have from being fired?

If you have been fired for a reason that you believe is improper, you should contact an attorney who specializes in employment law.

What to do if you are fired for a reason?

If you have been fired for a reason that you believe is improper, you should contact an attorney who specializes in employment law. Our firm does not handle employment law cases but we do know attorneys that do. If you need help and would like us to recommend someone, just give us a call us at (770) 214-8885.

Can a company fire you for workers compensation?

Most companies want to avoid an additional claim. It can hurt your employer in the workers’ compensation case if they fire you. One of the ways that companies decrease the money they pay in workers’ compensation is bringing you back to work. When they fire you, they usually lose the chance to do this.

Can an employer fire you for a bad reason?

The truth is that your employer may be able to fire you for just about any reason. They can even fire you for a stupid reason. Most employees in Georgia are in an “at will” employment relationship. This means your company can fire you for a good reason, a bad reason, or no reason at all.

Can you lose your job after an injury?

Many people have concerns about losing their job after an injury at work. Some have known people who have lost their job after an injury. Some people think their company will fire them if they hire an attorney.

What can an attorney do for workers compensation?

Working with an attorney increases your chance of a better outcome and eliminates much of the stress of navigating the workers’ compensation system on your own.

Can you be terminated from a job for workers compensation?

In order to settle your workers’ compensation case, you may be required to resign from your job or you may be terminated as part of the settlement agreement. However, it is important to note that only at this point in time can an injured worker be forced to separate from their employer.

Do I Have to Hire a Workers’ Compensation Attorney?

You are not required by law to hire a workers’ compensation attorney in order to file a claim in Florida. However, there are many reasons why you may want to do so. First and foremost, countless studies have shown that people who work with an attorney have a greater success rate in obtaining and maintaining their benefits and/or securing better settlements. Secondly, if you encounter any issues with your claim whatsoever—from your employer questioning whether your injuries are work-related to your claim being denied by the insurance company—an attorney will be able to guide you through the next steps. Depending on your situation, these next steps could include filing an appeal, disputing early termination of your benefits, or preparing for your workers’ compensation hearing.

Can an employer retaliate against you for workers comp?

However, by law, your employer is not allowed to retaliate against you for being injured at work, filing a workers’ compensation claim, or hiring an attorney. Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case.

Does hiring a workers compensation attorney affect your employment?

Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms.

Is it illegal to discriminate against an employee?

Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case. It’s also important to note that retaliation does not only including firing; being demoted, denied a promotion for which you are otherwise ...

Can I Keep My Job If I Settle My Workers’ Compensation Case?

Some employers do allow injured workers to settle the case and keep their job. This is determined on a case-by-case basis, and there are many factors that affect whether your employer may allow you to keep your job if you settle your workers’ compensation case. We encourage you to reach out to our attorneys to learn more.

What is a workers comp attorney?

A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits.

What to do if your employer has fired you?

If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct.

What are some examples of situations that call for a lawyer's intervention?

Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct.

What to do if you can't agree on a settlement?

If you can't agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial. Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney.

Can you get workers comp if you have a permanent disability?

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.

Do you have to have judicial approval for workers comp?

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

Does a workers comp attorney cover lost wages?

Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.