where do i get an attorney for workers comp lawsuits?

by Mr. Oscar Bailey DVM 7 min read

Contact a Workers’ Comp Attorney If you suffered injuries on the job, contact our workers’ compensation attorney at Mann Law Firm by calling (478) 742-3381 to schedule a free case evaluation. To ensure you maximize your workers’ comp case, you should work with an attorney who can help you file your initial claim and guide you through the process.

Full Answer

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

Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney. 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 mostly for the benefit of employers and insurers.

How does a workers'comp lawyer get paid?

Our Delaware workers’ comp lawyers have significant experience filing successful work injury lawsuits and claims which means they know the process front-to-back. Armed with this knowledge, the attorney handling your case is not only able to steer you around common obstacles and away from mistakes, but they will handle the entire claims ...

Is it time to hire a workers comp lawyer?

Find the right New Haven Workers Compensation lawyer from 87 local law firms. Get peer reviews and client ratings averaging 4.1 of 5.0. Page 4.

Can I file a workers comp lawsuit outside of my employer?

Should I Get a Lawyer for Workers Comp? OK, you’re committed not to rocking the boat, and, investing faith into the workers comp system, you trust the company and its insurer to do the right thing. Even then, however, you’ll need to know when to hire a workers comp lawyer .

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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...

How much can I get for a workers comp claim?

If you are hurt at work, you will wonder how much you can get for a workers’ compensation claim. As part of a typical claim, you are usually entitl...

Can you file a workers compensation claim after quitting your job?

Yes. It is possible to collect workers’ compensation after you quit, are fired or laid off. But you may face additional hurdles to prove that you q...

How long does a workers compensation case take?

First of all, remember that workers’ compensation cases require approval from the State Board of Workers’ Compensation from the state you live in,...

Which work-related injuries are covered by workers' compensation?

If you are hurt or get sick on the job, you could be eligible for workers’ compensation. The first requirement to get workers’ comp coverage is for...

What are the limitations of a worker's compensation claim?

Most people think of workers’ compensation as one policy, but there are actual two parts, and each has limits. Part A is the workers’ compensation...

Is there a time limit to file a workers' compensation case?

Every state has time limits to file a workers’ compensation claim and to report a work-related injury to your employer. If you miss the deadline, y...

Is PTSD covered by workers' compensation?

Did you experience a traumatic event on the job? You may not think about claiming workers’ compensation for post-traumatic stress disorder (PTSD),...

What is the average settlement for a work related back injury?

One of the most common injuries reported in workplace accidents is a back injury. Workers who file claims for back injuries through workers compens...

Can you lose your job while on workers comp?

Your employer is not required to keep your job open while you are getting workers compensation. You can be fired or laid off. This can happen in so...

Can you sue workers comp for pain and suffering?

Unfortunately, it is almost impossible to recover pain and suffering compensation through workers comp. It may be possible in limited situations to...

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.

How long does a workers comp claim last?

By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.

Do you wait until things stop going smoothly?

Most workers just want to get healthy and get back to being productive. But waiting until things stop going smoothly isn’t useful. The earlier you take on legal representation, the more likely the gatekeepers of your care are to be cooperative.

Can employers dissuade workers from filing workers comp?

Employers, who despise the knock-on effects of higher premiums associated with claims, will attempt to dissuade workers from filing a workers comp claim “even when they’ve had a legitimate on-the-job accident, ” she says.

Is timeliness important in workers compensation?

In workers compensation law, then, timeliness is pivotal. As every investigator knows, an inverse relationship exists between the value of evidence and the time it is collected. That is, the longer you wait, the less it is worth.

Can you appeal workers compensation if you are permanently disabled?

You are permanently disabled, either totally or in part, and the insurer resists your rating. Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal.

What is workers comp lawsuit?

At its core, a workers comp lawsuit is filing a claim against your employer to receive money to pay for your injury. In the United States, all 50 states use a “no fault” workers compensation benefit system. This means that it does not matter if your injury was the result of your employer’s carelessness.

How to file a workers comp claim?

For some, you file a workers compensation claim with your employer and the process goes smoothly. Therefore, you may not need to speak to an attorney. However, there are many cases where contacting an attorney may help you secure the workers comp you need. Consider reaching out to a legal expert if any of the following apply to your workers comp claim: 1 You sustained injuries directly due to negligence 2 The injury occured off-site but while completing job duties 3 Any injury is severe or life-threatening 4 Your employer refuses to cooperate with your workers comp claim 5 Or, your employer tries to change your status from employee to contractor

What to do if your employer is not helping you file a workers comp claim?

In cases where your employer is resistant to helping you file a claim, you will want to work with an attorney. You may be unfortunate to have a serious case of injury or negligence and an unhelpful employer. Your attorney may help you take the next steps toward filing a workers comp lawsuit.

What is the only thing that matters to the workers comp system?

The only thing that matters to the workers comp system is that you are working at the time you sustain injuries. This system helps protect both employees and employers. There are a variety of injuries and situations that require filing a workers compensation claim. The following types of injuries are the most common:

What injuries are covered by Workers Comp?

Common injuries covered by workers comp include things such as carpal tunnel, broken arms and legs, limb injuries due to mechanical malfunctions, damage sustained as part of a fall, and severe burns. Injuries covered by workers comp can vary.

How much compensation do you get for a hand injury?

If your doctor says your hand injury results in a 20% permanent impairment, you would receive 20% of whatever your state law allows for complete loss of a hand. If the full amount is $100,000, you would receive $20,000. Some states also will allow you to receive compensation for scarring from a workplace injury.

Where does Workers Comp go?

All workers comp claims goes to the employer’s insurance company. from there, it is up to the insurance company to approve or deny your claim. In many instances, there will be a negotiation process. This is to decide on how much the worker deserves as compensation.

Can You Afford a Workers' Comp Lawyer?

Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you).

When Your Workers' Comp Claim Has Been Denied

You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision.

When You Have a Serious Work-Related Injury or Illness

You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.

If You Have Preexisting Conditions

If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.

When You're Not Able to Return to Work After an Injury

If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury.

Contact an Attorney

If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.

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