when is a good time to get an attorney in a workers comp claim

by Miss Noelia Fritsch 10 min read

When To Lawyer Up - Workers' Compensation If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.

When Should I Get Legal Help for My Workers' Comp Claim? The best time to get a workers' comp attorney is right away. The moment you get injured, after you report the injury to your employer, you should call a lawyer.May 17, 2021

Full Answer

When should I hire a workers' compensation attorney?

When a Workers' Comp Lawyer Is Typically Necessary Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination , and hiring expert witnesses—all …

When do you really need workers compensation attorney?

An employee can appeal your insurer’s decision when a workers’ comp claim is rejected. In that case, the employer’s insurance provider will likely appoint an attorney for you. Your employee rejects their right to benefits . When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state.

Should I hire a workers' comp attorney?

Getting counsel from a dedicated Massachusetts workers’ comp lawyer is vital for the success of your claim. This critical step cannot happen soon enough. From the very beginning, workers’ comp lawyers can identify whether you have a valid …

How to find a good workers' compensation lawyer?

Sep 08, 2017 · 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 …


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 .)

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.

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.

Can a sprained ankle be permanent?

don't result in permanent injuries. For example, suppose you sprained your ankle after you slipped on some water in the break room. Your doctor ordered you to ice your ankle, take pain relievers, and stay on bed rest for a few days.

Can you reduce your Social Security benefits?

You're receiving other government benefits. If you're receiving Social Security Disability Insurance (SSDI) benefits, these benefits may be reduced if you receive workers' compensation benefits. A lawyer can help you minimize how much your SSDI benefits will be reduced.

Do I need an attorney for an injured worker?

Not every injured worker will need to hire an attorney. After all, the workers' compensation system is an administrative process designed to be relatively easy for workers to navigate. If you have a straightforward claim that is not being disputed by your employer or its insurance company, you can probably handle your own claim.

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.

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.

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 are some examples of injuries that require a workers comp attorney?

Two examples of this injury type are an amputated limb or widespread paralysis.

What to do if you have a workplace injury?

The important thing to do now is rest and recover without additional stress.

Can you sue a third party for a worker's comp claim?

If a third party had something to do with your illness or injury on the job, you can sue. However, you’ll need an attorney to do so, because this makes the workers’ comp claim much more complicated.

Do I have to pay taxes on my workers comp?

If you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you’ll need to pay taxes on your workers’ comp payments. The workers compensation offset program can also reduce your benefits. An attorney can help ensure this offset is as small as possible.

Can you fire someone for workers comp?

It is illegal to fire you or demote you in the wake of a workers comp claim . Likewise, if your boss reduces your hours or pay, or discriminates against you, it is time to get 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.

What can a workers compensation attorney do?

If you experience any of the situations described above, a workers’ compensation attorney can: Secure evidence that your injury or condition is caused by your work. Secure medical documentation to prove your injury. Help you understand what you need to do to file a claim.

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.

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 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 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.

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 your employer rejects your claim?

If your employer has rejected your claim, contact an attorney right away. Employers will do anything they can to not pay the benefits you deserve. At Gerald Brody & Associates, we know every trick in the book and we have years of experience exposing employers trying to cheat the system.

Can you file a civil suit against a third party?

If you want to file a civil suit against a third-party whose actions or negligence contributed to your injury, don’t do it alone. A workers’ compensation case is complicated enough as it is. Adding another lawsuit to the mix is best done with the help of an experienced attorney.

Do I need a lawyer for workers compensation?

Whether or not you need a lawyer to file for workers’ compensation benefits depends on several factors. The severity of your injury, your employer’s actions, and the overall complexity of your case will ultimately determine whether it’s a good idea to seek legal representation.

How do you know if your lawyer isn't handling your case?

This usually means that your lawyer missed an important deadline, failed to submit requested documents or failed to communicate with you on what to expect.

Can a lawyer accept an unfair settlement?

Settlements can be advantageous, but only if they’re fair. If your attorney seems anxious to accept an unfair settlement offer, it could be because they’re afraid to go to court or because they’ve taken on too many cases and want to get yours over with.

Is workers compensation stressful?

Pursuing a workers’ compensation claim is stressful. Your medical bills are likely mounting and you may be wondering whether you’ll ever be able to return to work. What’s more, people you don’t know are scrutinizing your personal medical records. During this difficult time, you want an attorney who is caring, competent, ...

Is the legal community small?

The legal community is small. Lawyers generally appear in front of the same judges and go up against the same attorneys over and over again. A lawyer who is respected by their peers is more likely to successfully negotiate a settlement or obtain a favorable result in a hearing.

Do workers compensation attorneys get paid by the hour?

However, in some states, lawyers are paid by the hour.

Do paralegals handle medical records?

It’s common for paralegals to know the details of your case and to handle certain administrative tasks related to your case, such as requesting medical records and organizing discovery documents. However, paralegals are “support staff” and should not be handling the brunt of your case.

Can you file a third party claim for work related accidents?

Sometimes, a workers’ compensation claim is your only remedy. However, work-related accidents often provide the opportunity to file third-party claims. A third-party claim is a lawsuit filed against anyone other than your employer or colleague.

What is the initial consultation?

The initial consultation is a great time to evaluate the attorney's professionalism and demeanor when dealing with clients. A quality attorney will answer all your questions patiently and authoritatively, and will listen to and address your concerns.

Do all workers comp attorneys offer free consultations?

Virtually all workers' comp attorneys offer free initial consultations with prospective clients. While your lawyer will certainly ask you dozens of questions related to your claim, you should be asking just as many questions. Remember: This is a job interview, and you are the employer.