Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you).
You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision.
You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.
If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.
If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury.
If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.
That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work. This also happens when the long-term effects of exposure to something at work result in a disease.
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.
A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, a lawyer can argue the penalties are unwarranted. If you have a third-party claim – You can go outside the workers comp system ...
Your injury is minor and doesn’t require much medical treatment – The workers comp system is specifically designed to handle these types of cases. You don’t have a preexisting condition that was aggravated by the accident – Preexisting conditions can complicate your claim, like a neck injury from car wreck that is inflamed by a fall at work.
If you experience any of the situations described above, a workers’ compensation attorney can: Secure evidence that your injury or condition is caused by your work. Secure medical documentation to prove your injury. Help you understand what you need to do to file a 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.
A workers’ compensation attorney can guide you through the process and can secure the medical documents that may be needed to prove your case. 4. Your Benefits Do Not Cover All of Your Medical Bills and Lost Wages. In some cases, you may have concerns about the way your wage loss benefits are calculated.
By law, Pennsylvania employers are required to pay for workers’ compensation coverage for all qualified workers. This is the case even in small and non-profit organizations. Employers may fulfill this insurance requirement through self-insurance or by going through an insurance company.
While workers’ compensation fraud is a real concern, you shouldn’t be denied benefits if you are legitimately injured. If your employer or their insurance company alleges you aren’t really injured or you are trying to defraud the system, it’s important to consult with an attorney.
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.
While hiring an attorney is completely up to you, keep in mind that Pennsylvania workers’ compensation process is highly complex. A qualified attorney can offer reassurance and can bring you peace of mind. With a good attorney by your side, you can focus on getting better and taking care of your injury.
In most cases, there will be no need for injured workers to call an attorney. However, if the employee has issues getting the compensation he or she deserves, it’s time to seek the help of an worker’s compensation attorney.
Unfortunately, however, the reality is that workplace injuries do happen and happen with surprising frequency. In these situations, employees should be able to rely on their employer’s legally required worker’s compensation insurance to help cover their injuries and the cost of their care.
This is why an attorney’s assistance be especially helpful. 2. Your Employer is Preventing You From Filing. If you’ve been injured on the job, it is absolutely essential that you are able to file for worker’s compensation insurance. You have the right as an employee to do so.
Your Employer is Preventing You From Filing. If you’ve been injured on the job , it is absolutely essential that you are able to file for worker’s compensation insurance. You have the right as an employee to do so. In some cases, employers may attempt to prevent their employees from filing via their insurance.
The most common reason is that an insurance company will claim that a reported injury was not work-related. They may claim that the actions that led to the injury took place outside of the bounds of the worker’s responsibilities.
If you’ve been injured on the job and your employer is pressuring you to return to work before your doctor says you can do so safely, or if your employer refuses to make accommodations for your injury, call us.
In the state of California, workers’ compensation laws are designed to prevent employees from abusing the system and getting a “free ride” when they should be working, while at the same time providing injured workers with the benefits they desperately need. How long you can be on workers’ compensation depends on the severity of your injury.
You will receive payments every two weeks once your doctor says you are unable to do your normal work for more than three days or you are hospitalized overnight. Temporary disability benefits will continue until you return to work or a maximum of 104 weeks. Payments for a few injuries and illness, including severe burns and chronic lung disease, can continue for up to 240 weeks within a five-year period.
While your claim is pending, you employer’s insurance company is responsible for paying up to $10,000 of your medical costs even if your claim is ultimately denied. You will continue to receive treatment for your job-related injuries for as long as medically necessary.
If you have permanent total disability, which means you aren’t expected to be able to work in any job ever again, you will receive regular payments for the rest of your life in the same amount as your temporary disability benefits.
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.
However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn't have workers' comp insurance, or your employer intentionally caused your injury.
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.
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. 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. If you're not sure a settlement offer is good enough, don't rely on the workers' compensation judge to make sure that you're getting a fair deal.
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.
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.
New York, for example, requires reports to be filed within 30 days.
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 . If their recovery requires time off from work, approve their request. Before filing a claim, you'll need to gather a lot of information.
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? 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 ...
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.
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.
New York, for example, requires reports to be filed within 30 days. If you're filing a claim with The Hartford, our team of experts can help you every step of the way. You can file a claim online or call us at 800-327-3636.