when do you need an attorney for workmans comp

There are multiple situations that require a workers comp lawyer. Here are just a few: You have pre-existing conditions. Pre-existing conditions make it difficult to tell what part of your injury/illness is work-related. If the injury/illness has to do with your pre-existing condition, you need a lawyer.

Full Answer

When should I hire workers comp attorney?

When You Should Get a Lawyer for Workers Compensation As soon as you decide to contest the settlement decision. At that point, workers compensation can quickly turn into a legal jungle of paperwork, deadlines, depositions and evidence gathering. It’s easy to get lost if you don’t know what you’re doing. What an Attorney Will Do for You

When do you really need workers compensation attorney?

Jan 04, 2021 · Updated: Jan 4th, 2021. 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 …

When should I contact a workers' compensation 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. If your settlement isn't structured properly, your workers' comp benefits could …

When an employee should contact an employment lawyer?

The Answer. You should call a workers’ comp lawyer as soon as possible following your injury. This includes injuries that may not necessarily require you to miss work. By calling an experienced attorney, such as one from The Clardy Law Firm, you will receive the help you need to get the compensation you deserve.

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...

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).

When Your Workers' Comp Claim Has Been 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.

When You Have a Serious Work-Related Injury or Illness

You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.

If You Have Preexisting Conditions

If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.

When You're Not Able to Return to Work After an Injury

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.

Contact an Attorney

If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.

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 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.

What are some examples of situations that call for a lawyer's intervention?

Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s 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 your employer has fired you?

If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct.

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.

Do you have to have judicial approval for workers comp?

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

Does a workers comp attorney cover lost wages?

Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.

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.

Can You Represent Yourself?

In some cases, workers can represent themselves in a workers' comp case and reach a fair outcome. In order for that to be true, the following should apply:

In What Scenarios or Situations Should You Consult a Lawyer?

As stated above, it's probably a good idea to meet with a workers' comp lawyer who offers a free consultation no matter how straightforward your workers' comp case may seem.

Why Do People Hire Attorneys for Workers' Comp?

Unfortunately, employers or their insurance providers often deny workers' comp claims, even when they shouldn't. Many people hire attorneys for workers' comp claims to help them get fair compensation.

What Does a Worker's Comp Lawyer Do?

You may be wondering what you can expect from a workers' compensation attorney, if you decide to hire one. Here are tasks that workers' comp attorneys handle for their clients:

How Much Does a Worker's Comp Lawyer Cost?

Most workers' comp attorneys work on a contingency fee basis. That means they are not paid until you receive a settlement. The fee charged depends on many factors, such as your geographic location and how experienced the attorney is. Many states have laws that cap the percentage workers' comp attorneys can take at between 10% and 20%.

What happens if you speak to a workers comp attorney?

If you speak with a workers comp attorney and he or she says that you have a claim, then hiring a workers comp attorney to represent you (whether you choose that attorney or someone else) will afford you the best chance of recovering the full financial compensation to which you are legally entitled.

What to do if your workers comp benefits stop?

If your benefits stopped before you were expecting them to, you should consult with a workers comp attorney to determine if you are entitled to more. If you are, your attorney can take appropriate measures to restore your benefit payments, and maybe even obtain a lump-sum settlement.

How often do workers get injured?

The statistics on workplace injuries show that workers in all occupations and industries are at risk for getting injured; and, according to the National Safety Council (NSC), a worker gets injured on the job every seven seconds.

Is there a federal worker's comp law?

However, there are federal workers’ comp laws that apply to federal government employees and workers in certain occupations, and certain types of workers are excluded under the workers’ comp laws in some ...

Do workers comp claims settle?

In reality, many workers’ comp claims settle, and many don’t.