when should i talk to worker compensation attorney

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.

Full Answer

When to get a lawyer for a Workers Comp case?

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 …

Do I need a lawyer for a workers'comp hearing?

An injured worker may wonder if he should hire a workers' compensation attorney if the system allows him to collect lost wages, have medical bills paid and get retrained if applicable.. While the system seems simple, in practice it is often an adversarial process that requires a workers' compensation attorney to ensure that your injury is accepted, adequate medical treatment is …

Do I have to talk to the workers compensation claims adjuster?

You should never hesitate to contact a qualified workers’ compensation attorney at any time during your claim when you have questions. You should speak with an attorney when the Department of Labor & Industries or self-insured employer denies benefits, and prior to taking any appeal from an unfavorable order.

Do I need a workers'compensation lawyer?

Nov 11, 2019 · Your attorney should keep you informed about any developments in your case. Workers’ comp lawyers are often busy juggling many cases at the same time, so don’t expect daily updates. But you should expect that your lawyer will respond to your calls and emails within a reasonable amount of time.

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 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 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.

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.

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.

What can a worker's compensation attorney do?

If you were injured by the negligence of someone outside your employer or by a defective product, a workers' compensation attorney can bring a claim against them and recover additional compensation for you.

How long do you have to report an injury to your employer?

Also, many workers, fearing loss of their job, do not report an injury until days or weeks later. Many states do allow you to report the injury within a certain time, and an attorney can investigate the accident or injury and link it to your work.

What to do if your unemployment benefits are delayed?

If your benefits are unduly delayed, an attorney can find out the reason and accelerate the process. Also, do not accept your denial of certain benefits without consulting an attorney who may find that the denial was unjustified.

Can you be treated by an employer before injury is healed?

Many states only allow you to be treated by an employer-approved physician who may want to return you to work before your injury is fully healed. An attorney can help you find an alternative health provider who has your best interests in mind.

Is it against the law to fire someone for workers compensation?

It is against the law to fire or punish an employee for filing a workers' compensation claim. Your attorney can uncover the real reasons for your dismissal or demotion and bring a lawsuit against your employer, if necessary.

Gather Your Information

You should be ready with a brief summary of what has happened in your case so far. Lawyers like to go through events chronologically, so it will help to create a short timeline of the events, including:

Bring the Right Documents

You should also collect documents and other relevant information to bring to your meeting, including:

Prepare a List of Questions to Ask Your Workers' Comp Lawyer

Initial consultations are also an opportunity for you to evaluate whether you want to hire a lawyer. You’ll want to get a feel for whether attorneys you're meeting have the time and experience to handle your case, and whether they’re the best fit for you.

Why is patience important in workers compensation?

Patience is important, because you do not want to settle a claim until you know all the facts that you will need to maximize your settlement. A workers’ compensation attorney in Santa Rosa can help you decide when the time is right to settle. 9.

Can you say something to a claims administrator?

You need to be careful that you do not say something to the claims administrator that might be misinterpreted in a way that would hurt your case. Getting legal advice before discussing your injury with the claims administrator can help you avoid problems when the time comes to settle your claim.

Is it a fault in workers compensation?

Unless you started a fight or engaged in other extreme behavior (such as being intoxicated at work), fault is generally not an issue in workers’ compensation claims. Whether your employer, you, or someone else was negligent and caused your work injury, you are still entitled to workers’ compensation benefits. 3.

Can you sue the other driver for a traffic accident?

For instance, if you were in a traffic accident while making a delivery for your employer and the accident was the other driver’s fault, you may be entitled to sue the other driver. Your Santa Rosa workers’ compensation attorney can help you decide whether you should pursue a personal injury lawsuit in addition to a workers’ compensation claim.

Can you sue your employer for work injury?

Workers’ compensation is usually the exclusive remedy for a work injury. That means generally, you cannot sue your employer in court, even if the injury was your employer’s fault. In some cases, however, you may be able to sue a third party in addition to pursuing a workers’ compensation claim.

Can a claims administrator deny a claim?

Even in relatively simple cases, however, a claims administrator may deny that the injury was work-related or deny the claim for some other reason. Any time a claim is denied or the insurance company does not offer to pay medical expenses and temporary disability benefits for days of missed work, it is wise to seek advice from a Santa Rosa workers’ ...

Can a workers comp lawyer advise you on a hearing?

After some time spent negotiating with the claims administrator, your workers’ comp lawyer will be in a better position to advise you whether or not your claim will proceed to a hearing. Most of the time, however, it is possible to work out a fair settlement that avoids the stress and expense of a contested hearing. 8.

What is a workers compensation adjuster?

The workers’ compensation claims adjuster is a claims specialist that works for your employer’s insurance company. One of their most important roles is to evaluate your claim and determine how much it is going to cost the insurance company. In most situations, they are under immense pressure to decrease the cost of your claim as much as possible.

What is the most important piece of evidence in a workers compensation case?

Medical records and medical bills are often one of the most critical pieces of evidence in workers’ compensation cases. Those records will usually set out what caused the injury you are experiencing and how long you will need to recover.

What is a recorded statement?

A recorded statement is just as it sounds—the insurance adjuster will ask you for permission to record, and then he or she will ask you a series of questions about the accident and your injuries. The statement is generally taken over the phone.

What are the duties of an insurance adjuster?

The adjuster’s job duties often include: 1 Investigating the claim, including getting your recorded statement 2 Gathering information from the employer about what happened and why 3 Talking to witnesses and others who may have information about the accident 4 Determining whether your claim will be accepted or rejected 5 Coordinating appointments with your doctors 6 Approving medical care, treatment, surgeries, etc. 7 Deciding how much your case is worth and discuss settlement options

What do you need to fill out an accident report?

In addition to talking to the adjuster, the injured worker will often have to fill out an accident report with their employer. That report should include information about what happened and what parts of your body were injured. You will also be asked to sign an authorization or waiver that allows the insurance company to gather your medical records.

What is the job of an adjuster?

The adjuster’s job duties often include: Investigating the claim, including getting your recorded statement. Gathering information from the employer about what happened and why. Talking to witnesses and others who may have information about the accident. Determining whether your claim will be accepted or rejected.

Do insurance adjusters rush injured workers back to work?

Unfortunately, that goal can sometimes lead insurance adjusters to rush injured workers back to work when they are not quite ready.

Do attorneys have to communicate with you?

Answer: Your attorney has a legal and ethical obligation to communicate with you and keep you informed about your case. That being said, attorneys are typically very busy, often juggling several cases at a time. Depending on your state, workers' comp cases can also move quite slowly.

Should a lawyer keep you informed?

However, your lawyer should be keeping you informed, even if it's just to say that your case is in a holding pattern. You might ask to speak with any legal assistants and paralegals working in your lawyer's office; they may be able to give you information about the status of your case.

Do you bring a copy of your workers comp?

Be sure to bring a copy of your workers' comp file to any meetings that you set up with other lawyers. As for a malpractice suit, it's probably not worth the time and effort unless your lawyer made a big mistake, like missing a filing deadline.

Can you lose money in a workers comp case?

In most cases, you won't lose money in your workers' comp case just because your lawyer didn't communicate with you about your case, so you wouldn't get anywhere with a malpractice lawsuit. You can, however, always file a complaint with the state bar, which is the state agency responsible for disciplining attorneys.

What is the best way to win a workers compensation case?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.

What to do if your doctor still feels you can do what is being asked of you?

If your doctor still feels you can do what is being asked of you, and then return to work and document any pain, discomfort, uneasiness, or other symptoms that arise so you can follow up with your doctor and make any revisions to your duties as necessary.

What does "malingerer" mean in workers comp?

If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case.

What are the mistakes in a medical malpractice case?

Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.

How can a claim be diminished?

Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.

What is the mistake of a worker?

Mistake 1: Failing to Act Immediately at the Time of the Accident. At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries. Certain things should be done at the time of the accident including remaining calm.

How to keep track of doctor visits?

A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.