what will a workers comp attorney do

by Camryn Pfannerstill Jr. 4 min read

Briefly, your attorney will:

  • Gather, organize, and preserve evidence.
  • Advise you what to say to the claims administrator so you don’t hurt your case, or even speak for you.
  • Represent you before a workers comp judge.
  • Present your case for claiming partial or total permanent disability.
  • Push your employer and its insurer to act promptly on your case.

A workers' comp lawyer can help develop medical evidence to prove your claim, negotiate a settlement, and represent you at your workers' comp hearing. If you're an employee who has suffered a work-related injury or illness, you may be entitled to workers' compensation benefits.

Full Answer

What is a Workers' Compensation Attorney?

For this reason, partnering with a workers' compensation attorney can help you fight these attempts to scam you out of the money you deserve when you need help the most.

Why Should I Hire A Workers' Compensation Lawyer?

Hiring a workers' compensation attorney could be the difference between winning the maximum amount for your claim or being denied by the insurance company. You could also be forced into settling for an amount that is less than what your injury is worth, making you feel frustrated and resentful toward your employer.

What Happens If My Workers' Comp Claim Is Denied?

Many people who become victims of workplace injuries and illnesses are forced into dealing with the uncertainty of a workers' compensation claim. This process is already hard enough without being denied. However, insurance companies make victims feel like they do not have the right to compensation even though they do. Similarly, your employer might turn against you if you file a claim against them, which can be stressful enough while trying to cope with injuries that leave you unable to work.

What Are The State Rules On Workers’ Compensation Fees?

The regulations and laws associated with attorney fees vary from state to state. Most of the time, a judge will approve the fee before the lawyer takes a cut from your settlement. They will take into account the compilation of the case, the time and work your lawyer put into the case, how much money you settled for, and the final result of your claim. Many states will set a cap on the total amount an attorney makes.

Can I Switch Workers’ Comp Lawyers During My Case?

If you aren’t happy with your workers’ compensation lawyer, then you can always switch lawyers even if you are in the middle of your case. However, before you fire your lawyer, make sure you know the consequences of doing so. First, firing a lawyer in the middle of your case might make it harder to find another lawyer to work for you. Many lawyers consider it a red flag if you fire a lawyer halfway through your case, and they may be reluctant to work with you. Additionally, many lawyers know that they would make less money after they have been hired to replace another attorney.

Why do people get eye injuries?

Employees may injure their eyes when they come in contact with chemicals, radiological hazards, mechanical irritants, and other environmental contaminants. However, if employees are trained to work safely and follow safety requirements, they are much less likely to suffer from eye injuries.

How long do you have to see a doctor after an accident?

A: The length that you will be required to receive medical treatment or see a doctor will depend on your injury and your doctor's orders. If you have suffered a severe or long-lasting illness, then you will likely have to see your doctor for longer than if your injury was less severe. The average length of time that an injured worker usually sees their doctor after an accident is around 30 days. You may be required to see your employer’s doctor for 30 days and then you can see the doctor of your choice after this. The terms and conditions of your claim should be handled by your lawyer.

What is a workers comp attorney?

This deep knowledge and insight gives lawyers the advantage of being able to estimate how much you should receive based on the extent of your injuries and physical limitations, future medical expenses, and whether your employer owes you past temporary disability payments. A workers’ comp attorney will structure and negotiate a good settlement agreement that works in your favor.

Why are workers comp claims denied?

One of the most common reasons workers’ compensation claims are denied is the lack of sufficient medical evidence. Relying on an “independent” physician who performs exams for insurance companies to make an unbiased diagnosis is a common and costly mistake made by unrepresented claimants. A workers’ comp attorney will develop medical evidence that accurately documents the severity of your injury. He or she can gather your medical records, recommend treatment with certain doctors, obtain medical opinions, and call on expert witnesses to testify to the physical requirements of your job to strengthen your case.

A Workers Comp Attorney Can Help You Recover

If you’re wondering “What do workers’ compensation attorneys do?” the answer is simple. When you suffer a serious injury at work, the Munley Law workers’ compensation lawyers are here to help. Getting injured at work can be extremely stressful.

Which Pennsylvania industries and injuries will Munley Law represent?

The workers’ compensation lawyers at Munley Law can help Pennsylvania employees’ workers’ comp claims across all industries. Pennsylvania’s has a booming economy, with leading industries in natural gas, manufacturing, and agribusiness.

Why should I hire Munley Law?

Munley Law is a nationally recognized law firm boasting the leading workers’ compensation lawyers in the state of Pennsylvania. The workers’ compensation lawyers have secured millions for their clients in over 60 years of business.

Should I Get a Lawyer for Workers Comp?

OK, you’re committed not to rocking the boat, and, investing faith into the workers comp system, you trust the company and its insurer to do the right thing.

What Should I Ask a Prospective Attorney?

Workers compensation cases are unlike third-party liability lawsuits in which the endgame is clear: The plaintiff will win, or be denied, a pot of money. It’s the rare liability claim that extends beyond a handful of years.

How Do I Prepare?

Even before you begin interviewing attorneys, preserve all that can be preserved.

How Long Will My Case Take?

As mentioned above, the length of time a workers comp case can last depends on the unique circumstances of each claim. Some last for decades, long enough to follow the client to the grave. Some sail smoothly to conclusions in mere months.

How long does a workers comp claim last?

By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.

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

A 2015 survey of workers compensation clients by the law firm Martindale-Nolo indicated the average case took more than 15 months to resolve. Cases involving permanent disabilities, or negotiated settlements, or clients represented by lawyers — boat-rockers all, it would seem — stretched out an additional two to three months.

What is the purpose of workers comp?

Ideally under workers comp, the injured employee receives the care (s)he needs to become healthy and productive once more, as well as tax-free wages to pay the bills; the employer gets a healthy worker and avoids costly litigation.

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 happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

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.

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 happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

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.

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.

What Workers’ Compensation Benefits Are Available in Georgia?

There are many costs that can be covered with a workers’ compensation claim, so it is in your best interest to move quickly to get the process started. Workers’ comp benefits in Georgia include:

How Does the Georgia Workers’ Comp Process Work?

The first step in getting benefits is informing your employer about your injury — and the sooner, the better. The longer you wait, it’s more likely that the insurance company will deny you benefits. They may state that you injured yourself some other way, not while working.

Is it Worth Getting a Workers’ Comp Attorney?

Yes, and for several reasons. You can appeal a denial by asking for a hearing with the State Board of Workers’ Compensation. Workers’ comp law is very technical, so hiring a Georgia workers’ compensation attorney may be the difference between getting benefits or not. Insurance companies have attorneys; you could be at a serious disadvantage without one to take on the insurance company for you.

What Do Workers’ Compensation Attorneys Do?

We can help you get benefits right from the start. We can advise you about what to say and do after your injury to ensure that all of your rights are protected. There are many other benefits to working with our attorneys. We will…

What happens after you report an injury?

After you report your injury, your employer must tell its insurance company. The carrier will review your claim and decide whether you qualify for benefits. It could look at your medical records, work experience, wages and education. You may have to see their medical expert to evaluate your condition. If they approve your claim, you must promptly get your benefits.

image