how to find an attorney for a workers comp claim

Recommendations for Finding the Right Lawyer

• 1. Ask Your Family, Friends or Neighbors If you’re starting from scratch in your search for the right workers’ compensation lawyer, the best place to start looking is to ask your friends, family or neighbors for recommendations. ...
• 2. Check With State and Local Bar Associations ...
• 3. The Internet

Full Answer

What can a workers compensation attorney do?

A workers’ compensation attorney can interpret the laws in your area, calculate the damages in your case, and determine the correct amounts and types of benefits you should receive in connection with a workers’ compensation claim. A workers’ compensation attorney can also explain what rights you have under the law, can help you prepare your claim, ...

What happens if you don't file for workers compensation?

Workers who fail to file within the prescribed time frame may forfeit their right to recover workers’ compensation benefits and may have their claim denied. A worker whose claim gets denied may have to pay out-of-pocket for medical expenses and could potentially lose their job or income.

What are Some Common Workers Compensation Issues?

One of the most common workers’ compensation issues that may require the assistance of a workers’ comp attorney is failing to file a claim on time. Although the length of time an injured worker has to file a claim will vary by state, the standard length of time is usually around 30 days.

Is it illegal to fire someone for workers compensation?

Notably, it is illegal to fire a worker for simply filing a claim for workers’ compensation. A termination based on this reason is known as a retaliatory discharge. If this situation occurs, the worker will have grounds to sue their employer for retaliatory discharge. To help ensure the retaliatory discharge lawsuit is successful, ...

Can a workers compensation attorney discuss the pros and cons of a claim?

In addition, workers’ compensation attorneys can discuss the pros and cons associated with filing a workers’ compensation claim, and can assess whether filing for workers’ compensation is your best course of legal action. If they determine there are better options for how to handle your case, they can also recommend the next steps you should take.

Can you sue your employer for workers compensation?

The amount of compensation and the type of benefits you receive for a workers’ compensation claim will vary based on the facts of your case, the circumstances surrounding the accident, and by the laws enacted in the jurisdiction where your injury occurred. Although employees who receive workers’ compensation forfeit the right to sue their employer ...

Can an employer deny a claim?

When an employer is successful in making such an argument, the insurance company may deny the claim. In this instance, a lawyer can help the worker gather evidence that proves the worker was in fact injured on the job, that their injury is real, and that they deserve to be compensated for it.

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 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 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.

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.

Can you file a workers comp lawsuit if you are a third party?

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.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.

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 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 .

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 agency is responsible for adjudicating cases of injured workers in Oklahoma?

All current emergency measures will remain in place until the WCC resumes normal operations. The Oklahoma Workers' Compensation Commission is the agency. responsible for adjudicating cases of injured workers. Oklahoma workers and employers who wish to dispute a. workers compensation claim can file a case with the.

Where to get a copy of WCC records?

Records Searches and Copy Requests- File copies can be obtained by mailing in the Commission request form to the Oklahoma City WCC Office ( 1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)

Where to mail WCC forms?

Filings should be mailed to the Commission’s Oklahoma City address: 1915 North Stiles Avenue, Oklahoma City , Oklahoma, 73105. Please include a self-addressed, stamped envelope if paper file copies are needed. An email option is now available for for form filings See Alert- email form filings to [email protected].

Where to pay court fees in Oklahoma?

Billing- Court Fees and other payments will be accepted via online payment portal and mail ( 1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)

When is the WCC filing deadline?

WCC to Extend Filing Deadlines to May 15, 2020. The Workers’ Compensation Commission (WCC) voted in a public special meeting on April 16, 2020, to amend the WCC’s previously extended filing deadlines and procedures, including statutes of limitation, and continue the extension until May 15, 2020.