how long after work injury should i contact attorney

Someone injured at work has 120 days to report the injury. You heard that right, one hundred twenty days. Employers often tell their injured workers that since they did not report the injury immediately, their claim will be denied. A knowledgeable attorney will tell you there is nothing in the law to justify such action.

Full Answer

Should I talk to a workers comp lawyer after a work injury?

The answer to this question depends on the case. Generally, however, the sooner you contact the attorney, the better. The primary reason to contact early is for preservation of evidence. For example, when someone was a victim of an 18-wheeler crash, a lawyer could have an expert immediately look at the 18-wheeler and find crucial evidence to help the case.

Is it time to hire a workers comp lawyer?

Contact the New York personal injury attorneys at Tolmage, Peskin, Harris, Falick, who will work quickly to investigate the accident and seek legal action in an effort to compensate you for the harm you have suffered. Call today at 866-502-9091 or contact the firm to schedule your FREE consultation to discuss your accident with the skilled ...

What happens when you hire a personal injury lawyer?

Someone injured at work has 120 days to report the injury. You heard that right, one hundred twenty days. Employers often tell their injured workers that since they did not report the injury immediately, their claim will be denied. A knowledgeable attorney will tell you there is nothing in the law to justify such action.

Do I need a lawyer for a workers'compensation claim?

If you do not have a lawyer, do not have a permanent disability, and do not end up negotiating for your settlement, the timeline is typically around 12-14 months. With a lawyer, the settlement process typically takes a little longer—around 17-18 months. If you and your lawyer negotiate a workers’ compensation settlement, it can take around 20% longer to settle—but with a more …

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.

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.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. 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, ...

Find a New York Attorney

A New York accident can be sudden and jarring. It can lead to serious injuries that require hospitalization or rehabilitation. For some involved in catastrophic accidents, recovery will be a lifelong process.

When Should I Contact a Lawyer After a Car Accident?

After a car accident, both your insurance company and the other party’s insurance company will begin collecting information about the crash. Part of their investigation may include an interview with all who were involved in this crash.

What happens if you break your leg at work?

Generally, if you fall down at work and break your leg, most likely, you will receive workers’ compensation benefits for time missed for work and your medical bills will be paid by your employer’s workers’ compensation insurance company. However, not all injuries are quite as obvious as a broken leg.

What are some examples of work injuries?

For instance, some injuries happen over time – a repetitive trauma. Carpal tunnel, aggravation of pre-existing asthma, or thoracic outlet syndrome are a few examples of work injuries whose causation may not be so obvious. If someone uses her hands at work all day, perhaps the repetitive use caused carpal tunnel over time, perhaps not.

Can you be fired for workers compensation?

The short answer is absolutely “yes.”. These are the very situations that naturally happen when a hard worker does not want to look like a crybaby or seek medical treatment, or is afraid of missing work or being fired for pursuing his workers’ compensation rights.

How long does it take to settle a workers compensation claim?

With a lawyer, the settlement process typically takes a little longer—around 17-18 months. If you and your lawyer negotiate a workers’ compensation settlement, it can take around 20% longer to settle—but with a more favorable outcome. Negotiation means you are seeking more money than the initial offer—which is rarely enough to compensate you ...

Can insurance companies delay a claim?

Insurance companies will sometimes delay sending you an offer or answering your inquiries. They may hope this encourages you to accept a smaller claim and settle the case sooner. It can also take longer to negotiate if you are still receiving treatment for your injuries.

What happens if you get injured in a workplace accident?

One of the most devastating outcomes in any workplace accident is an injury that renders you unable to perform your job. You may need to be reassigned to light or limited duty in order to accommodate your change in physical ability. If your injury is severe, you may be unable to return to your prior job, or it may be impossible for you to work at all.

Is Workers Comp a no fault system?

Workers’ comp is a no-fault system. You don’t have to prove that your employer was at fault in order to receive benefits, and you generally forfeit the ability to sue by accepting workers’ compensation benefits.

How long does it take to file a personal injury lawsuit in Florida?

Under Florida Statute, a personal injury lawsuit must be filed within four (4) years of the injury or accident. However, the sooner the better. Lawsuits are not always the best course of action, but sometimes it is the only thing that insurance companies respond to.

How long is a personal injury trial?

Personal injury trials can vary in length from hours to months. At the trial, all the information that has been gathered through discovery (physical evidence, interrogatories, depositions, photos, witnesses, etc.) will all be presented to a jury for them to decide on the settlement amount.

When to seek medical attention after an accident?

After you are involved in an automobile accident or injury, seek medical attention as soon as possible. Injuries do not always appear right away, especially after a traumatic incident. This is especially true if someone is involved in a particularly severe auto accident.

What is the Florida Rule of Civil Procedure 1.360?

When you file a lawsuit for personal injuries in Flori da, Florida Rule of Civil Procedure 1.360 allows the Defendant to hire a physician of their choice to perform a Compulsory Medical Exam (CME), also known as an Independent Medical Exam (IME).

What happens if you are injured by someone else's negligence?

After you have been injured as a result of another’s negligence—usually cases involving a car accident, slip-and-fall, medical malpractice, motorcycle accident, etc.—you may decide to seek compensation for your losses. After all, being stuck with thousands of dollars in medical bills and lost wages is never a desirable circumstance. If the accident was caused by someone else’s action or inaction, then why should you have to suffer both physically and financially?

What is discovery in Florida?

Discovery is the process in which each party investigates what the other party’s legal claims and defenses are. The Florida Rules of Civil Procedure allow each party to propound certain types of written discovery upon the other. In an auto accident case, the Florida Supreme Court requires parties to serve standard interrogatories which essentially request background biographical information (e.g., name, date of birth, current and former addresses, employment history) as well as information about the incident itself (e.g., describe the incident, were you wearing a seatbelt? Did a mechanical failure contribute to the incident occurring?) The interrogatories will also inquire into the injuries you are claiming, which medical providers you have seen as a result, and the damages you’ve incurred.

What is alternative dispute resolution?

Once all or most of the information from discovery has been collected, both sides’ lawyers will generally start trying to reach a settlement again. This process is known as an alternative dispute resolution. It is kind of a “well now you know what you are up against” situation. Sometimes the lawyers can settle a case just by talking among themselves, sometimes they can’t.

Brett A. Borah

I recommend you file the workers' compensation claim. Although it may not seem like much of an injury now and it may be related to an earlier problem, workers' compensation should be responsible for the portion of the disability that is related to this injury.

Michael Douglas Goforth

You should file your claim as soon as possible to insure that you get proper medical care and to confirm that the injury indeed occurred on the job. The prior back issues will be apportioned through a doctor's final report which will determine what percentage of your permanent disability relates to the new injury.#N#More

Peter Marc Schaeffer

You should always report the injury immediately to your employer...even if you have no intention of filing a claim at the time. Injuries can get progressively worse over time, and then you could lose your job or get laid off and wind up without anyone to file a claim against, since your former employer has what is called a post-termination defense.

What is a denial of an injury claim?

An insurance company denial of an injury claim is a rare occurrence, since most insurance companies want to settle a claim (a sure thing) before courts get involved (an unpredictable process). Denials usually only occur when the claim is clearly unsupported by evidence (the "injured" person has no medical bills or records of treatment) or there is a procedural problem with the claim itself.

Can you get compensation without a release of liability?

You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim .)