when to contact a workers comp attorney

by Kavon Witting 9 min read

  • 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.
  • You missed little or no work due to your injury.

More items...

Full Answer

When to get a lawyer for a Workers Comp case?

Jul 16, 2021 · When a work-related accident occurs, you may wish to contact an attorney if your employer does not provide you with the forms necessary to report your injury or make a claim for benefits. You should also contact your attorney if your employer does not respond to your claim in a timely manner or if you are not confident that your employer is paying the full amount of …

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

May 07, 2019 · When to Call a Workers’ Comp Lawyer A workers’ comp lawyer is needed when the insurance company or the employer fight the claim. For example, if you are injured on the job, but aren’t in your main office building, then the workers’ comp insurance might try to say that your injury doesn’t qualify.

Why hire a lawyer for a workers’ compensation claim?

Jan 22, 2020 · If a workplace injury has forced you to miss out on earning potential or contributed to significant medical bills, call a workers’ compensation attorney. Work injuries can lead to lifelong ailments and company insurance policies are designed to protect you…but that doesn’t mean the insurance companies are motivated to pay.

How to get an expert opinion on a workers comp claim?

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.

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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...

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 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.

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.

Can preexisting conditions affect workers comp?

Much like you’ve heard relating to health insurance, preexisting conditions can severely impact workers’ comp claims . You’ll have to fight much harder to prove your injury was work-related when the affected body part has already been documented as injured or problematic.

What happens if you file a petition for benefits?

If you have filed a Petition for Benefits and you cannot resolve the issues that are disputed (and the insurance company refuses to settle with you), you will be heading to a final hearing, in which case you’ll need a staunch advocate to present your case.

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.

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 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.

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