when to involve a workers comp attorney

by Dr. Ethelyn Bradtke 7 min read

These are some indications that it is time to hire a workers’ compensation lawyer:

  • Your employer’s insurance company denies your claim or does not pay your benefits in a timely manner
  • Your payments do not cover all of your lost wages or medical bills
  • Your treatment is not approved
  • Your treatment is delayed
  • You plan to apply for Social Security benefits
  • Your boss retaliates against you for filing a workers’ comp claim, firing or laying you off

When Should You Hire a Workers' Comp Attorney? The best time to hire a workers' compensation attorney is immediately after you get injured. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.

Full Answer

What is a workers comp attorney?

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

What to do if your employer has fired you?

What to do if you can't agree on a settlement?

Can you get workers comp if you have a permanent disability?

Do you have to have judicial approval for workers comp?

Does a workers comp attorney cover lost wages?

See 4 more

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Do I Need a Lawyer for My Workers' Compensation Case?

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.

Workers Comp Lawyers: When You Need One & What to Expect

Hurt on the job? Thinking workers compensation will make everything right again — no muss, no fuss? Better think again. The best time to seek legal representation following a work-related injury is … immediately. “With comp,” says Sarah Raaymakers, a top-rated Tampa plaintiff’s attorney, “it’s not a question of whether there’s going to a problem.

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.

Can you get workers comp if you have a permanent disability?

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.

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.

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 does an attorney do at high noon?

It’s High Noon, and everything will depend on how effective your side makes its case. 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.

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.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

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 happens if you file an insurance claim?

After you file an insurance claim, you could find yourself in a situation where your employer seeks to retaliate against you. They could demote you, give you fewer hours, or even ask you to resign.

Can you file a claim for a minor injury at work?

In some situations, you may have sustained only a minor injury at work. In these cases, you may be able to file a claim and miss only a couple of days on the job.

Can an insurance company deny you if you have a back injury?

If you have a pre-existing condition, such as a back injury, that is documented, it’s possible for an insurance company to use it as an excuse to deny your benefits.

Why do you need a workers compensation lawyer?

The underhanded and dirty tactics insurers frequently employ are exactly why hiring a workers' compensation lawyer is so vital – they're able to interpret the laws in your state, and hold the insurer or employer accountable to their obligations.

What is workers compensation?

Workers' compensation is a vital safety net for millions of Americans — from laborers, clerks, and construction crew to office workers, drivers and countless other jobs. Many of these occupations carry inherent risk to life and limb. And despite the best efforts of employers, workers, insurance companies and regulators, ...

What are some examples of work injury claims?

Here's a list of the most common examples of work injury claim disputes that an attorney can help resolve: When the insurer or employer denies or rejects your claim. When the insurer doesn't pay benefits promptly. When the insurer or employer attempts to stop or adjust your workers' comp benefits. When the settlement offered by ...

What happens when your employer fires you?

When your employer fires you or retaliates against you for filing a workers' comp claim. When your employer requests a medical examination from a specific doctor. When there's a third-party involved in the work-related accident. When you collect additional benefits such as Social Security disability.

Can an employer be held liable for pain and suffering?

In exchange for this coverage, workers cannot hold the employer liable for pain and suffering ...

Do insurance companies offer free initial consultations?

It never hurts to have a professional review your claim. Most attorneys offer free initial consultations, so there's no cost to you.

Does insurance cover work related injuries?

Before the creation of a dedicated system nearly a century ago, injured workers would often find it difficult to obtain treatment for their injuries and compensation for lost wages. Today, insurance that covers most work-related injuries and illnesses is a requirement for most employers.

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.

Can you get workers comp if you have a permanent disability?

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.

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.

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