should my attorney be present when i talk with workers compensation?

There are times when it may work out if you represent yourself in a claim for workers’ compensation, but usually, it is not advisable. Although one or more of these scenarios might describe your situation, you may want to contact an attorney for a free evaluation.

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Do I need a lawyer for my workers'compensation hearing?

If you were hurt at work and are looking to file an insurance claim, work with an experienced Somerville workers’ compensation attorney like those at the Law Office of John J. Sheehan. Call our offices today at (617) 925-6407 for a free case review instead of trying to handle any insurance adjusters’ questions on your own.

Why should I hire a workers'comp attorney?

An attorney can handle the claims aspect of your work-related injury while you focus on getting better. They will protect your rights and ensure you receive the care and compensation you deserve. If You Want To Win, You Should Hire A Workers’ Comp Attorney. Don’t wait to hire a law firm for your workers’ compensation case.

Should I trust my workers'comp lawyer?

Jul 06, 2020 · Here are the 10 things you should tell your St. Louis workers’ compensation lawyer before and during your claim. Before you make your workers’ comp claim, it’s important to know that hiring a lawyer with experience in such cases may help shorten the ordeal and increase your chances of getting the full amount of compensation you are legally entitled to.

How can a workers’ comp lawyer help you prepare for the IME?

As you no doubt learned when you hired your first lawyer, workers' comp attorneys generally work for a percentage of the benefits the client receives in an award or settlement. State law governs attorneys' fees in workers' compensation cases, and many states set a cap on the percentage and/or total amount they can charge—usually from 10% to ...

Why do insurance companies deny workers compensation claims?

For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)

How much is a workers comp contingency fee?

Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states.

What happens if you don't work again?

If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future.

How to appeal a disability denial?

You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Your permanent disability rating is disputed.

How long does it take for an ankle to heal after a desk job?

However, because you work a desk job, you were able to return to work fairly quickly and your ankle healed within a few weeks. In this case, your trip to the doctor would be covered.

Do I need to set aside a portion of my workers comp?

If you are eligible for Medicare, you may also need to set aside a portion of your workers' comp benefits to pay for future medical treatment. A lawyer can help you do this in the most advantageous way. You are having a workers' comp hearing.

Do I need a workers compensation lawyer?

Many workers will need to—or can benefit greatly from—hiring a workers' compensation lawyer. In very few cases, an employee who suffers an injury at work can make a claim outside of workers' compensation, and a personal injury lawyer would be appropriate.

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 .

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 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.

Can you get a lump sum settlement in Pennsylvania?

In Pennsylvania, you can be offered a lump sum settlement for your injury. Before you accept this payment, you want to know if it’s fair. 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. 2.

Is an attorney necessary for a minor cut?

Here are some scenarios where an attorney is usually not necessary: The workplace injury was minor with no complications, such as a minor cut. You missed no work or were only off a few hours or a day at the most. Your employer acknowledges the incident that happened at work.

Can an attorney determine third party liability?

An Attorney Can Determine Third Party Liability. In most cases, an injured worker has only one option: they can file a workers’ compensation claim against the employer. However, there is one situation where they may be able to file a claim against a third party.

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.

What to do if your doctor still feels you can do what is being asked of you?

If your doctor still feels you can do what is being asked of you, and then return to work and document any pain, discomfort, uneasiness, or other symptoms that arise so you can follow up with your doctor and make any revisions to your duties as necessary.

What does "malingerer" mean in workers comp?

If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case.

What are the mistakes in a medical malpractice case?

Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.

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.

What is the mistake of a worker?

Mistake 1: Failing to Act Immediately at the Time of the Accident. 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. Certain things should be done at the time of the accident including remaining calm.

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.

What is a good workers comp lawyer?

A good workers' comp attorney is a zealous advocate, not a passive observer. You are well within your rights to inquire (in a non-confrontational manner) precisely what steps your lawyer has taken to advocate on your behalf. Has she written a letter to your employer or the workers' comp insurer?

How much do attorneys charge for workers compensation?

State law governs attorneys' fees in workers' compensation cases, and many states set a cap on the percentage and/or total amount they can charge—usually from 10% to 20% of the benefits. When more than one attorney has worked on your case, the lawyers split that fee according to how much work each has performed.

What happens if your attorney isn't keeping you updated on your case?

If your attorney isn't keeping you updated on the status of your case, you may have cause for concern. Keep in mind, however, that legal assistants and paralegals can be valuable sources of information about the workers' comp process in general and your case in particular.

How long does it take to get workers comp records?

Nothing happens quickly in a workers' compensation case. A simple request for medical records can easily take four to six weeks, and it could take many more months for you to be scheduled for an independent medical examination. The huge backlog of cases in most workers' comp courts can lead to further delays. In the vast majority of cases, blaming your attorney for these delays is like blaming the waiter because your steak isn't cooked properly. The fault usually lies with the chef, not the server. In most circumstances, hiring a new attorney won't speed up your case. In fact, there's a better chance that switching lawyers will postpone matters even further, especially if your workers' comp hearing is approaching.

What to do if your attorney isn't working on your case?

If your lawyer is unavailable when you call, request that a phone conference or in-office meeting be scheduled. Make it clear at your next meeting that you expect better communication. Your attorney should listen to your concerns and take steps to improve communication in the future.

What to do if you are not confident in your lawyer?

If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you.

Do attorneys specialize in workers comp?

Attorneys who don't specialize in workers' comp tend not to understand the nuances of this complex field of law. If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you. Ask for references from former clients or other attorneys if you have any doubt.

What happens if you don't tell your medical provider how your injury occurred?

If you fail to tell the medical providers how your injury occurred and that it occurred while you were at work, you could be harming your claim from a legal standpoint. This could prevent you from getting the medical treatment that you need.

What to do if you are injured on the job?

Without a doubt the most important step if you are injured on the job is to report the injury to your employer. Many employers have an accident policy in place that is found in an employee manual. If this is the case with your employer, follow the guidelines set out in the manual. If there is no policy, we find that it is most helpful to let everyone know of the injury. This would include your supervisors, co-workers and any human resource people that your employer may have.

How long does an employer have to give notice of an accident?

The law generally requires written notice of the injury by accident within 30 days. But there are exceptions to this rule. If the employer or an agent or representative of the employer had actual knowledge of the accident, the employer is also deemed to have notice of the injury.

Can an employer require an injured worker to return to work?

Most employers, at the request of the workers’ compensation insurance company will provide light duty to injured workers. Either the employer or the insurance adjuster may then request or require that the injured worker return to work.

Can an insurance adjuster tell you where to treat?

Although the insurance adjuster may be correct in telling you that he or she can tell you where to treat, he or she cannot keep you from having a second opinion. In the State of North Carolina if you are directed to treat with a particular doctor and that doctor releases you after treatment at maximum medical improvement, the law allows you to have a second opinion with a duly qualified licensed doctor of your choosing. It is all too common that injured employees contact our oce and tell us that they were told that they could not have a second opinion.

Do attorneys have to communicate with you?

Answer: Your attorney has a legal and ethical obligation to communicate with you and keep you informed about your case. That being said, attorneys are typically very busy, often juggling several cases at a time. Depending on your state, workers' comp cases can also move quite slowly.

Should a lawyer keep you informed?

However, your lawyer should be keeping you informed, even if it's just to say that your case is in a holding pattern. You might ask to speak with any legal assistants and paralegals working in your lawyer's office; they may be able to give you information about the status of your case.

Do you bring a copy of your workers comp?

Be sure to bring a copy of your workers' comp file to any meetings that you set up with other lawyers. As for a malpractice suit, it's probably not worth the time and effort unless your lawyer made a big mistake, like missing a filing deadline.

Can you lose money in a workers comp case?

In most cases, you won't lose money in your workers' comp case just because your lawyer didn't communicate with you about your case, so you wouldn't get anywhere with a malpractice lawsuit. You can, however, always file a complaint with the state bar, which is the state agency responsible for disciplining attorneys.

What should your answers to the doctor's questions match?

Remember that your answers to the doctor’s questions should match accident reports, medical reports, and any prior statements you’ve made. Also, be wary if the examiner asks you the same questions repeatedly. This is probably an attempt to catch you contradicting yourself.

What does an examining physician look for in an insurance company?

An examining physician who has been hired by the insurance company will be looking for any chance to diminish your credibility. If you’re honest, the doctor will have a hard time suggesting that you’re trying to milk your workers’ comp claim for all its worth. Be consistent.

What is an IME exam?

Like a workers’ comp deposition, an independent medical examination (IME) can be a nerve-wracking experience. Your employer’s insurance company may require you to attend an IME ...

How to conduct yourself during an IME exam?

How to Conduct Yourself During the Exam. Plan to arrive for the IME early. If you're too late and miss it, you could risk losing your right to benefits. Be sure to bring any medical equipment or devices that you usually need for your medical condition.

What to do before IME?

Before the IME, you should take several steps that can help the exam go more smoothly: Find out what the insurance company has given the IME doctor and what its questions are. The insurance company will send the examining physician a copy of your medical records.

What is an IME?

Like a workers’ comp deposition, an independent medical examination (IME) can be a nerve-wracking experience. Your employer’s insurance company may require you to attend an IME when there’s a dispute about medical issues in your workers’ comp case, including the cause of your injuries, treatment you need, if you’re able to work, ...

How to tell a doctor about your limitations?

Because of this, it is important to tell the doctor about all of your current limitations. For example, if you have trouble with overhead reaching or standing for long periods of time, make that clear, even if the doctor doesn’t ask. Above all, be calm, polite, and respectful.