Here are a few situations that warrant contacting a lawyer:
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.
There are times when it may work out if you represent yourself in a claim for workers’ compensation, but usually, it is not advisable.
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.
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.
With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .
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.
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.
Changes are made to laws every day, and the average person doesn’t know what all these changes mean.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
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.
That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.
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.
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.
However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.
Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. (To learn more, see our article on how permanent disability ratings work .)
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
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 .)
Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states . (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)
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. If you need to change careers, you'll need to secure training in a new line of work. A lawyer can help you do both.
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.
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 of which require legal knowledge and skill.
As with other types of legal matters, detailed record-keeping is essential for workers’ compensation cases. If the insurance company disputes or denies your claim, saving copies of all relevant documents will help you prove why you should win your workers’ compensation case.
Being organized and keeping thorough documentation after being injured or sickened at work can help to increase your chances of recovering workers’ compensation benefits. Contact the Law Offices of Craig L. Cook at 479-783-8000 to request a consultation so that you can learn more about your claim and your rights.
If your claim is disputed, keeping these documents can help you prove that your employer received a notice and that you completed all of the required paperwork.
Bureau of Labor Services, the rate of nonfatal injuries and illnesses at workplaces in the U.S. in 2018 was 2.8 for every 100 full-time employees. In addition, 5,250 workers were killed in workplace accidents during that year. If you are injured at work, securing the benefits that you need may not be a straightforward process.
Records of Your Out-of-Pocket Expenses. Most people know that workers’ compensation can pay for their medical costs. However, they might not realize that they can be reimbursed for certain types of out-of-pocket costs that they incur.
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
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.
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.
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 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.
However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn't have workers' comp insurance, or your employer intentionally caused your injury. An experienced lawyer will be able to explain how the law applies to your situation.
These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.