why are workers comp defense attorney

As every state has different workers compensation laws, a workers compensation lawyer is often needed to help injured employees to know and understand their rights under the law and to recover what is due to them.

Full Answer

When to seek workers comp attorney?

Oct 07, 2019 · The ultimate goal of a workers' compensation attorney representing the claimant—the injured worker—is to help that individual obtain benefits. The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability.

When should employers hire a workers' comp lawyer?

Jul 28, 2017 · There are certain things you should know when you choose your workers’ comp defense attorney and other attorneys associated therewith. The purpose of this article is to help you choose a workers’ comp defense attorney who proactively, as opposed to reactively, can help resolve your claims in a manner beneficial to the interests of the employer or carrier and the …

What are common law defenses for workers comp?

Workers’ Compensation and Employer Defense Tactics. When a worker in the United States undergoes an injury, they are protected by a particular set of rules that helps them maintain their rights.These rules are known as Workers’ Compensation laws.In most states, employers are required to purchase workers’ compensation insurance to cover both themselves and their …

Do I really need workers comp attorney?

Why your employee might hire a workers’ comp lawyer. Although not common, employees sometimes hire workers’ comp lawyers to guide them through the claims process. Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

Attorney-Client Privilege

First, choose a workers’ comp defense firm comprised of a confidential team where most (if not all) of your communications are protected by attorney-client privilege.

You and Your Attorney Are a Team, But You Decide

Now that you are speaking with your workers’ comp defense attorney confidentially, your attorney is also a member of your team whose job it is to do the following:

Knowing the Law

Your workers’ comp defense attorney must be able to intelligently communicate with you about the application of recent and historical legal principles to your specific case.

What About Unforeseeable Events?

It is the nature of the law that your workers’ comp defense attorney can’t anticipate everything, but he or she should give you an analysis of foreseeable events. When something unforeseeable occurs, how your attorney reacts to those events and how timely s/he reacts can make all the difference in your claim.

Bringing It All Together

After all of the documents have been obtained and the investigation is complete, your workers’ comp defense attorney should timely identify the following:

What is the law that protects workers compensation?

When a worker in the United States undergoes an injury, they are protected by a particular set of rules that helps them maintain their rights. These rules are known as Workers’ Compensation laws. In most states, employers are required to purchase workers’ compensation insurance to cover both themselves and their employees. In other states, some companies are allowed to self-insure themselves or act as their own private insurance company.

What happens if you don't have workers compensation insurance?

There are many instances that you can sue your employer rather than receive workers compensation. This is why employers may be in trouble if they do not carry workers’ compensation insurance. Failure to carry the proper insurance can result in: 1 Fines 2 Criminal prosecution 3 Personal liability of the employer for the injury that their employee sustained 4 An employee’s option to sue the company rather than filing for workers’ compensation.

What happens if you don't carry insurance?

Failure to carry the proper insurance can result in: Fines. Criminal prosecution. Personal liability of the employer for the injury that their employee sustained. An employee’s option to sue the company rather than filing for workers’ compensation.

What is retaliatory discharge?

In a retaliatory discharge case, the plaintiff must prove that their employee wrongfully fired them after they filed for workers’ compensation. However, the employer does not have to admit that the workers’ compensation case was the sole reason for the termination.

Can a company self-insure?

In other states, some companies are allowed to self-insure themselves or act as their own private insurance company. When a worker is hurt on the job, they are covered by the insurance that their employer carries. This insurance covers their medical bills and lost wages. All employers are required to carry workers’ compensation insurance.

What do lawyers do for employees?

Lawyers help employees assess the cost of their injury or illness to determine how much money they should receive. To do so, attorneys consider medical bills, rehabilitation costs, time away from work, and the type of disability that the employee has incurred.

What happens if a company doesn't have workers comp?

If an employee is injured and your business lacks proper insurance, you can be held liable for medical costs, and you could face state penalties and lawsuits.

Can a lawyer help with workers comp?

They feel a lawyer can help them prepare their case better than they could alone. Speaking openly to employees about their workers’ comp benefits and providing official digital or printed information may reduce the likelihood that they will involve lawyers in a claim. But when they do, it is usually to:

What does it mean when an insurance company says it has a copy of the defense counsel?

When the insurance carrier says it has "copied defense counsel" it means it has retained a defense lawyer and is providing the defense lawyer with copies of the documents from the file. The claims adjuster brings in a lawyer for various reasons. Sometimes, it is done when there is something about the case the claims adjuster thinks is dubious. You may want to seek legal advice about this matter since in my...

What does "N#" mean in insurance?

From a defense attorney's perspective:#N#It means that the carrier has retained an attorney to protect its interests in a likely similar way that you hired one to protect yours. You can ask your attorney more about this. He/she may know the defense counsel and offer some insight. It is not...

Tactics Defense Attorneys Use to Stall a Case

Send out pages of unusual and excessive demands. Demands basically ask the plaintiff to produce information. The defense is allowed to ask for anything—and then it is up to the plaintiff’s lawyers to determine if it is relevant information.

What Do Our Personal Injury Lawyers Do to Help Move the Case Forward?

Our experienced lawyers are very used to the process and demands from defense lawyers. We work hard to gather the information we know is relevant from the start, which makes it more difficult for them to demand much more. We respond quickly to their demands and fight the motions and demands we know are excessive or have no value to the case.

Have Questions?

If you have questions give our Long Island personal injury lawyers a call. Whether you are a client or not, we can help answer your questions, let you know your legal options and help direct you towards the best course of action—there is never a fee or obligation.