when do you need a workers comp attorney

Full Answer

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...

Should You Represent Yourself in a Workers’ Comp Claim?

There are times when it may work out if you represent yourself in a claim for workers’ compensation, but usually, it is not advisable.

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 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 .

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.

How often are laws changed?

Changes are made to laws every day, and the average person doesn’t know what all these changes mean.

How to appeal workers comp claim?

However, the appeals process can be complicated. It involves tight deadlines, formal paperwork, and detailed knowledge of substantive and procedural rules . An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you prepare for the workers' comp hearing, highlighting the strengths of your case with supporting evidence, and questioning witnesses effectively. A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a certain rule, meet a deadline, or submit a particular document.

What to do if your workers comp is denied?

You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision. Unfortunately, some workers take the denial at face value and miss out on the benefits they're entitled to receive.

How does a lawyer help you?

If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury. Permanent disability benefits can be very expensive for the insurance company, and it will do everything it can to minimize your disability rating (the measure of your long-term limitations). Insurance companies usually have high-powered lawyers working for them; having an experienced lawyer on your side will level the playing field.

What happens when an insurance company puts up a fight?

When the insurance company puts up a fight, you could face tactical delays, demands for independent medical exams, or low-ball settlement offers. An experienced workers’ comp lawyer will know how to deal with these types of insurance defense tactics and can help you get your medical expenses covered and receive a fair settlement or award.

What to do after a workplace injury?

After a workplace injury, your top priority is probably getting paid for your medical bills and lost wages as quickly as possible. Sometimes, hiring a workers’ compensation lawyer is the best way to make this happen. Other times, you may be able to handle the case on your own successfully, particularly if you had a minor injury, your employer acknowledges that it happened on the job, you didn't miss much work, and you don't have any complicating medical issues like preexisting conditions.

Does having a lawyer help with insurance?

With an attorney in the picture, the insurance company will be more motivated to negotiate, and your lawyer will be able to evaluate whether you should accept the settlement offer.

Can You Afford a Workers' Comp Lawyer?

Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you). This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front. According to our survey of readers with workers' comp claims, workers' comp attorneys charge an average of 15 percent of their clients' award or settlement.

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.

What does an attorney do at high noon?

It’s High Noon, and everything will depend on how effective your side makes its case. 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.

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.

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.

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.

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.