how do i know if i need a workers comp attorney

by Ms. Anita Harvey 6 min read

There are multiple situations that require a workers comp lawyer. Here are just a few: You have pre-existing conditions. Pre-existing conditions make it difficult to tell what part of your injury/illness is work-related. If the injury/illness has to do with your pre-existing condition, you need a lawyer.

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What should I look for in a workers'comp lawyer?

When Would I Need a Workers Comp Lawyer? There are multiple situations that require a workers comp lawyer. Here are just a few: You have pre-existing conditions. Pre-existing conditions make it difficult to tell what part of your injury/illness is work-related. If the injury/illness has to do with your pre-existing condition, you need a lawyer.

When to get a lawyer for a Workers Comp case?

“You know you need a workers’ comp lawyer if you got hurt at work. You can always use a workers comp lawyer; someone like myself who does workers comp and knows workers’ comp. When I advise somebody who just calls me, even if it’s as simple as you got a cut finger at work. I have to advise that person as to what’s in their best interests.

Do you know the difference between a workers’ comp attorney and lawyer?

Sep 16, 2019 · If you're injured at work, you may ask yourself, "Do I need a work comp attorney for this?" In this video, Attorney Nick Platt explains several reasons why y...

What are the biggest complaints about workers’ comp lawyers?

Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney. Tilting the Scales in Your Favor. The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostly for the benefit of employers and insurers.

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When Would I Need a Workers Comp Lawyer?

There are multiple situations that require a workers comp lawyer. Here are just a few:

In Some Cases, You May Not Need a Workers Comp Lawyer

Not all claims require an attorney. However, any added level of complexity makes consulting one a smart move. They’ll help you recover the compensation you deserve and structure an ideal benefit plan. Doing so will allow you to rest and recover, so you can return to work as soon as possible.

You May Qualify for Free Legal Assistance With Your Claim

We can match you with an experienced workers’ compensation attorney for free, confidential advice. Maybe you want a second, unbiased opinion about your case. Or perhaps you need someone to help you during the appeals process. Either way, an experienced workers comp lawyer is always your best option.

How much can a permanent disability reduce income?

One study found that permanent disabilities can reduce the income of an injured worker’s by as much as 30%. And that’s only the reduced rate for the year following the injury. Meaning, injured workers can lose even more if their disability worsens.

Can I get workers comp and disability?

You can get workers compensation and Social Security Disability Insurance (SSDI) benefits together. However, depending on their combined amount, either one could get reduced. This will apply if all your benefits exceed 80% of your average pre-disability income.

How many discriminatory charges were filed in 2018?

In 2018, the Equal Employment Opportunity Commission received 39,469 retaliation reports. That represents 51.6% of all 76,418 charges of workplace discrimination that year.

Can you be harassed by your boss after filing a workers comp claim?

These acts can be subtle, such as always questioning your work or judgment. Your boss may also be harassing you by increasing your workload without extra pay.

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.

Can an employer deny workers comp?

Your employer denies your claim or doesn't pay your benefits promptly. Employers 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 sue someone for work related injuries?

You were injured because of a third party's actions or your employer's serious misconduct conduct. The workers' comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury ...

Can you represent yourself without an attorney?

When You Can Probably Represent Yourself. As a general rule, you may be able to get by without an attorney if all of the following statements are true: You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches. Your employer admits that the injury happened at work.

Your Workers' Comp Benefits Stop Without Explanation

If you’re receiving weekly benefit checks while you’re off work, they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI)—meaning that you’ve recovered as much as can be expected.

Your Lawyer is Pressuring You to Settle

There’s a big difference between explaining your realistic options and pressuring you to accept a lowball settlement offer. It may be time to adjust your expectations if your lawyer has given you clear reasons as to why the offer is the best you’re going to get, or why your chances of winning at a hearing are low.

Why is it important to understand workers compensation laws?

It is important to understand workers’ compensation laws in your state as both an employer and an employee. Workers’ compensation insurance can help protect your business and employees in events including falling on ice, injuries while moving office furniture, car accidents following client visits, and more.

What is workers compensation?

What Is Workers’ Compensation? Workers' compensation insurance helps protect businesses and their employees from financial loss when an employee is hurt on the job or gets sick from a work-related cause. Workers’ compensation is also known as workman’s comp, workman’s compensation, and workers’ comp. These terms all mean the same thing and help ...

How long does it take to file a workers compensation claim in New York?

New York, for example, requires reports to be filed within 30 days.

Does Workman's comp cover workers compensation?

Workers’ compensation insurance can help protect your business and employees in the event of a covered loss, but some situations take place on the job that are not covered by workman's comp insurance. These vary from state to state and are typically determined by different state laws. Here are a few examples of what most workers’ compensation plans ...

What is workers comp?

These terms all mean the same thing and help protect workers from potentially devastating costs of work-related injuries. It also helps protect employers from potential damages that could cripple a business based on workers’ comp claims.

Do employers have to pay for workers compensation?

Employers who do not pay for benefits typically purchase workers’ compensation insurance to cover the benefits for employees. Most states require businesses to carry workers’ compensation insurance with the exception of Texas and New Jersey. In those states, coverage is elective. Employees are not responsible for paying for workers’ compensation ...

Why do employees get injured?

The employee gets injured because of job-related duties. If the employee gets hurt in the workplace. Make sure your employee gets the proper medical treatment if they’re injured on the job. If you need to, call the ambulance or take them to the emergency room.

What is the best way to win a workers compensation case?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.

Can you embellish your symptoms?

Sometimes people feel the need to embellish their symptoms or fabricate additional injuries in an effort to strengthen their claim. Unknowingly to you, doctors will generally perform several tests during your examination to determine if you are exaggerating your injuries. While this might be tempting, it can also be the end of your workers’ compensation case.

What does it mean when a worker is embarrassed?

At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries.

How to keep track of doctor visits?

A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.

Can an injured worker make a mistake?

This is the greatest mistake an injured worker can make. As stated above, it is extremely tempting to do things for one’s self, especially when living alone. However, it is the one time when you do venture down the driveway to get that heavy package out of the mailbox or carry in that bag of groceries when you are caught in the act by a zealous insurance adjuster who has sent out a private investigator for the sole purpose of discrediting the inju red worker.

What is an adjuster's job?

They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer. This is not to say that all employers or their insurance companies, are out to intentionally deceive people.

How can a claim be diminished?

Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.

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