what does it mean when work comp hires an attorney

by Dr. Shanny Bradtke 7 min read

Hiring a lawyer does not mean that you are looking for a fight. What it does mean is that you are taking the workers’ compensation process seriously. In the days and weeks following a work-related injury or occupational illness, the last thing you want to do is figure out how to navigate the legal system on your own.

A workers' compensation attorney can guide you through the process and can secure the medical documents that may be needed to prove your case.

Full Answer

What does a workers’ compensation lawyer do?

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. If your settlement isn't structured properly, your workers' comp benefits could …

When to hire a lawyer for a Workers Comp case?

Why your employee might hire a workers’ comp lawyer. Although not common, employees sometimes hire workers’ comp lawyers to guide them through the claims process. Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

Should I hire a workers’ compensation attorney if I get Fired?

May 17, 2012 · Workers are much more likely to hire attorneys if they fear being fired. In Florida, workers were twice as likely to retain an attorney when job security was threatened, Savych said.

Should I hire a workers’ compensation attorney in Pennsylvania?

Jun 06, 2021 · A workers’ compensation attorney’s job is to help employees settle their workers’ compensation cases if an insurance adjuster fails to resolve their case. Unlike your employer, who may only feel concerned for his or her own welfare, a trustworthy workers’ compensation lawyer’s job is to help protect your best interests.

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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: 1. You suffered a minor workplace inj...

What Your Attorney Will Do For You

In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence ne...

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 mostl...

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.

What happens if a company doesn't have workers comp?

If an employee is injured and your business lacks proper insurance, you can be held liable for medical costs, and you could face state penalties and lawsuits.

Can a lawyer help with workers comp?

They feel a lawyer can help them prepare their case better than they could alone. Speaking openly to employees about their workers’ comp benefits and providing official digital or printed information may reduce the likelihood that they will involve lawyers in a claim. But when they do, it is usually to:

What do lawyers do for employees?

Lawyers help employees assess the cost of their injury or illness to determine how much money they should receive. To do so, attorneys consider medical bills, rehabilitation costs, time away from work, and the type of disability that the employee has incurred.

What happens if you are denied workers compensation?

Even if you have been denied or you find your benefits are delayed, you can appeal or turn to other legal remedies. A workers’ compensation attorney can guide you through the process and can secure the medical documents that may be needed to prove your case.

Can you file a claim against a third party?

You May Have a Claim Against a Third Party. Part of the workers’ compensation program is designed to shield employers from civil claims. However, some cases may still warrant civil claims. If a defective piece of machinery caused your injuries, you may have a claim against the manufacturer of that machinery.

What to do if your employer is retaliating against you?

If you file a workers’ compensation claim and your employer seems to be retaliating against you, you should speak to a workers’ compensation attorney immediately. This retaliation could take many forms, including reducing your hours, demoting you, harassing you, terminating your employment or engaging in other retaliatory behavior.

Do you have to pay workers compensation in Pennsylvania?

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.

What is a WCMSA?

A WCMSA designates part of a workers’ compensation settlement to cover future medical expenses for your workplace injury. Under a WCMSA, the allocated portion has to be used up before Medicare pays for your workplace injury treatments. Medicare may deny some of your medical costs unless you proceed carefully.

Can you be denied workers compensation if you are injured?

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.

What to do if you have already filed a workers compensation 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.

How to retain workers compensation benefits?

This is why a workers’ compensation attorney could prove indispensable in your efforts to retain benefits. Your attorney can assist you in: 1 Submitting your petition for benefits and ensuring that all necessary information is included in the petition; this includes details concerning your accident and injury (or injuries), monetary figures to illustrate wage losses, and which benefits you’re pursuing 2 Your meditation hearing, which is an informal conference held between you, your lawyer, and the insurance company; a third party will be present to help resolve issues and ensure civility 3 The trial, should your claim come to this point; trials only begin if mediation proved unsuccessful. This involved providing evidence, testimonies, and other information to further your case against the insurance company

What is the job of a workers compensation attorney?

A workers’ compensation attorney’s job is to help employees settle their workers’ compensation cases if an insurance adjuster fails to resolve their case. Unlike your employer, who may only feel concerned for his or her own welfare, a trustworthy workers’ compensation lawyer’s job is to help protect your best interests.

How to contact a workers comp lawyer?

We can be reached by using our chat box below, by filling out our online contact form, or by calling us at 727-451-6900.

Do workers compensation claims need an attorney?

Many workers’ compensation claimants find that they benefit from seeking an attorney’s advice before they even delve deeper than the surface of the claims process. The process of filing a claim often proves simple and straightforward, even without legal advice from an experienced professional; but partnering with a lawyer early allows victims to get to know their attorneys—and attorneys to become familiar with victims’ cases—which can be a benefit if the claims process proves more difficult than anticipated.

Why do people file workers compensation claims?

Every year, victims file millions of workers’ compensation claims in an attempt to receive compensation for medical costs, lost wages, and mental anguish. Some victims are fortunate enough to complete the process with little strife; others are not so lucky.

What can an attorney do for an injured worker?

An attorney may also be able to help you understand which legal benefits you’re entitled to as an injured worker. Victims may collect compensation for medical costs, lost wages, and even disability benefits. A trustworthy legal advisor can help inform your efforts to pursue benefits.

Who is Jason Perkins?

Jason Perkins is an attorney who specializes in representing injured workers.

Can an employer fire you for a reason?

Your employer cannot fire you for some prohibited reasons. Certain federal laws prohibit your employer firing you because of your race, your sex, and your religion among other things. If you have been fired for a reason that you believe is improper, you should contact an attorney who specializes in employment law.

What is Heller Maas Moro and Magill?

For injured workers in the Northeast Ohio , Heller, Maas, Moro, & Magill Co., LPA, is the worker’s compensation law firm that can deliver the care and knowledge they need. When you work with our firm, our goal will be to get you back to work on your own terms and secure all the benefits that you deserve. To discuss how we can assist you, contact us today and schedule a free consultation. This may be completed by phone appointment at this time.

Where is Steven Maas?

It was there where he decided that he wanted to become a lawyer who would help working people. After earning is undergraduate degree from Ashland College and his law degree from the Wake Forest University School of Law, Steven has stuck to that mission by concentrating his practice in the area of workers' compensation law over the course of his 35-year career. In addition to his legal practice, Steven serves as an Acting Judge in the Newton Falls Municipal Court, actively belongs to several bar organizations and contributes to the Diabetes Association by participating in fund-raising bicycle rides. However, his main passion is operating his family's 250-acre farm in Newton Falls.

What does it mean when an insurance company says it has a copy of the defense counsel?

When the insurance carrier says it has "copied defense counsel" it means it has retained a defense lawyer and is providing the defense lawyer with copies of the documents from the file. The claims adjuster brings in a lawyer for various reasons. Sometimes, it is done when there is something about the case the claims adjuster thinks is dubious. You may want to seek legal advice about this matter since in my...

What does "N#" mean in insurance?

From a defense attorney's perspective:#N#It means that the carrier has retained an attorney to protect its interests in a likely similar way that you hired one to protect yours. You can ask your attorney more about this. He/she may know the defense counsel and offer some insight. It is not...

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