why do i need an attorney for workers comp

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. If your settlement isn't structured properly, your workers' comp benefits could significantly lower Social Security disability payments.

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Should I hire a lawyer for a workers comp claim?

Jul 22, 2021 · No. 4: A Workers’ Comp Attorney Can Prevent You from Getting Sent Back to Work Too Soon Your attorney can make sure you’re not rushed back to work before you’re ready. Sometimes workers’ comp vocational counselors who work with you on a plan to reenter the workforce will try to say you can go back when you shouldn’t, or really can’t.

Can I represent myself in a Workers Comp case for free?

Employers and workers’ compensation insurers have teams of lawyers who are paid to deny or undervalue claims. You cannot fight them on your own. You need an attorney who is there to protect your rights and battle the insurance company defense lawyers for you. We have the experience to stand up for you.

How does a workers'comp lawyer get paid?

Jan 04, 2021 · An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you prepare for the workers' comp hearing, highlighting the strengths of your case with supporting evidence, and questioning witnesses effectively. A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a …

What is the purpose of workers'comp?

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. If your settlement isn't structured properly, your workers' comp benefits could significantly lower …

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...

What happens if you don't get your weekly benefits?

In this scenario, your attorney will hold your employer’s insurance company accountable so that you receive 100% of the benefits you deserve. Workers comp attorney Randy Alberhasky has the experience needed to assess the facts of your case and advocate for your interests throughout the whole proceeding. He will make sure your claim is handled correctly and that you receive appropriate compensation for medical bills, financial losses and pain and suffering caused by your injuries. If you need help with a workers comp case, contact The Alberhasky Law firm today to set up a free appointment. To learn more about how the workers compensation system works, check out our previous articles: How Does Workers’ Compensation Work in Missouri? What Is Workers Compensation?

What does a workers comp attorney do?

Your workers comp attorney will make sure that you are protected from illegal retaliation and that the compensation you receive is based on your medical and financial needs, not the profit-driven motives of your employer and their insurer.

Is it hard to file a workers compensation claim?

Processing a workers compensation claim involves an overwhelming amount of work and is very difficult to handle by yourself, especially when you need to focus on recovering from your injuries.

Who is Randy Alberhasky?

When it comes to workers’ compensation cases , Randy Alberhasky has over 25 years of experience. During his legal career he has personally tried over 200 workers’ compensation hearings and jury trials in courts throughout the State of Missouri. Many people who have suffered from a workplace injury and illness are unaware of the legal action they can take to receive the financial compensation that they’re entitled to. The Alberhasky Law Firm, P.C. is proud to help our clients receive the compensation they deserve.

Is my relationship with my employer good?

You may feel that your relationship with your employer is good enough that they’ll take care of you in your time of need. But no matter how polite your boss is when talking to you in person, they still have to think about the bottom line and how your claim will cause their insurance premiums to go up.

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.

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 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 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 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 workers comp?

However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn't have workers' comp insurance, or your employer intentionally caused your injury.

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.

Why You Need A Work Injury And Personal Injury Lawyer

There are multiple ways our legal team can protect your interests at any stage of a workers’ compensation claim:

We Look Out For Your Interests

These issues are just the tip of the iceberg in the complex field of workers’ compensation law. Our attorneys thoroughly analyze your case and explore every avenue to help you get what you deserve and make informed decisions.

Why is my workers comp claim denied?

One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.

What does a workers compensation attorney do?

An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What happens if a subcontractor is responsible for another subcontractor's injury?

If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.

Can a worker's comp attorney appeal a denial?

A Worker’s Comp Attorney Can Appeal a Denial. Many times, a workers’ compensation claim will be denied. The person may have waited too late to file a claim or filed it incorrectly. They may have left out important information, or some other reason caused the denial.

Can you get a lump sum settlement in Pennsylvania?

In Pennsylvania, you can be offered a lump sum settlement for your injury. Before you accept this payment, you want to know if it’s fair. An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement. 2.

Is an attorney necessary for a minor cut?

Here are some scenarios where an attorney is usually not necessary: The workplace injury was minor with no complications, such as a minor cut. You missed no work or were only off a few hours or a day at the most. Your employer acknowledges the incident that happened at work.

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 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.

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 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.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.

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.