why my workers comp attorney

Pros of Hiring a Workers Comp Attorney

• Experienced help with navigating workers comp paperwork can prevent errors that might otherwise invalidate your claim.
• You don’t have to deal with insurance companies or issues that might arise with your employer in a contested claim.
• Meeting workers comp deadlines can be challenging depending on your home state.

Full Answer

Should I hire a workers comp lawyer?

(And that pain you felt in your shoulders and neck will travel throughout your body.) “You don’t have to hire an attorney every time you have a claim,” said Tom Holder, a prominent workers comp lawyer in Atlanta, “but you should at least call one and let them explain how the process works and what benefits you are entitled to receive.”

How do workers comp lawyers get paid?

If money is an issue for you – especially if your injury involves lost wages – you might want to avoid the cost. Just know that most workers comp lawyers get paid on a contingency basis, meaning they get paid if they win the case and you get paid. But still, a percentage of your claim will go to paying your workers comp attorney.

Do you need a lawyer for a neck injury at work?

Workers who hire an attorney typically receive more compensation than those who file a claim without legal representation. So get a lawyer at the first sign of trouble. You’ve already been injured on the job. You don’t need what follows to turn into a bigger pain in the neck.

What does a lawyer do for an employee?

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 can a worker's compensation attorney tell you?

Your worker’s compensation attorney can tell you which benefits you are eligible to collect, and your attorney can make sure you don’t unknowingly leave benefits on the table. 4. Seeking Enough Benefits. In addition to knowing which benefits you can collect, you also need to know how much you are entitled to recover.

How to make sure your insurance doesn't terminate?

One way to make sure the insurance company doesn’t terminate your benefits too soon is to negotiate a lump-sum settlement. But, in order to get the insurance company to take your settlement demand seriously, you are going to need an experienced, effective, and trial-ready attorney on your side.

Do you get benefits if you file a worker's compensation claim?

Dealing with the Insurance Company. Just because you file a claim, this does not mean that you will receive benefits. Most companies have worker’s compensation insurance, and this means that seeking benefits usually means dealing with your employer’s insurance company. While this can go smoothly, it often doesn’t.

Your Employer Will Have Their Lawyers Working for Them

Your employer definitely has lawyers on their side. They have their own interests to protect.

A Workers Comp Attorney Makes Sure Your Medical Bills are Paid

If you’re lucky, an injury or illness that occurs at work is minor and you’ll be back at work in a day or two. For many people, they’re out of work for much longer.

A Lawyer Understands the Current Workers Comp Laws

Workers comp is a complicated matter. The laws are complex. Workers comp laws also are subject to change.

Your Family Will Be Protected and Taken Care of

The International Labour Organization reported that 2.3 million workers died last year. In 2015, 167,000 people died as a result of armed conflict.

Hire the Right Attorney

Don’t pick up the phone and hire the first attorney you find. Your first goal is to find an attorney who specializes in workers comp cases.

Workers' Compensation Lawyers: Education, Skills, and Responsibilities

Accidents can be pretty common at work—a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome as a result of years of typing are all common examples.

Available Benefits

Workers' compensation laws permit workers who are hurt on the job to receive a number of benefits, depending on the injury. They can include:

Workers' Compensation Laws

Workers' compensation laws are governed by each state legislation and by federal statutes. Both provide for fixed awards to employees or their dependents in the event of employment-related accidents and diseases.

An Attorney's Duties Overall

The ultimate goal of a workers' compensation attorney representing the claimant—the injured worker—is to help that individual obtain benefits.

Specific Claimant Attorney Duties

Workers' compensation lawyers on the claimant side must have a working comprehension of the claims filing process, as well as compassion for the injured party's plight. An attorney representing the claimant will typically:

Specific Defense Attorney Duties

On the defense side, attorneys help insurance companies or self-insured employers mitigate their exposure and defend against workers' comp claims.

Skills and Knowledge

Other capabilities and knowledge are required to excel as a workers' compensation attorney in addition to these essential legal skills. They include:

What does a lawyer do for workers comp?

A lawyer will be able to analyze the details of a particular workers ’ comp case to ensure an employee receives proper benefits. The lawyer might look over medical records to determine the extent of the injury in question and could also examine your business’s records to see if it has had any previous safety violations.

Why do employees hire workers comp lawyers?

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.

What happens when an employee accepts a workers comp claim?

When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state. If an injured employee accepts benefits or a settlement package, they usually waive the right to sue your business, but they can reject the settlement outright and pursue litigation.

What to do if your business's insurance provider denies your claim?

Lawyers can also advise employees after your business’s insurance provider decides whether or not to grant benefits. If the insurer denies the claim or offers an unsatisfactory payout, the employee’s lawyer may encourage him or her to appeal the decision. As noted above, this is an instance when a small business might consider hiring its own ...

What happens if my business doesn't have workers comp insurance?

Your business lacks workers’ comp insurance. If your company fails to purchase the required workers’ comp coverage for the states in which you do business, you are likely to hear from the Occupational Safety and Health Administration, in which case it’s wise to speak with an attorney.

How long does it take to get workers comp insurance?

carriers. Once you find the right policy for your small business, you can begin coverage in less than 24 hours.

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.

Why hire a workers compensation lawyer?

The best workers’ compensation attorney knows the law, rules, and regulations inside and out. They represent your best interest and will make sure you received the best treatment and settlement. Find out more.

Why do workers comp lawyers pad damages?

Crooked workers’ comp lawyers will often try to “pad” the damages. Sometimes they do so because they are also representing someone in a personal injury suit. Other times, they may do so for bragging rights. Either way, you and your lawyer could be in big trouble if you misrepresent your damages. If something doesn’t quite feel right, trust your gut and confront the attorney.

How do you know if an attorney is not handling your case?

Here are some signs that an attorney is not really handling your case: He or she never returns your phone calls. Your lawyer seems unfamiliar with the details of your case when asked. You rarely, if ever, meet with the attorney in person, and all communication is funneled through someone else.

How to handle worker's compensation?

First, your lawyer should have plenty of experience handling all types of worker’s compensation claims. A legal counselor should also provide you with good communication, keeping you updated on changes as they occur. Choose someone who is not afraid to do battle on your behalf, whether the fight takes place at the negotiating table, in the courtroom or with a government agency.

Can a paralegal handle a workers comp case?

But allowing a paralegal to handle the brunt of your case is NOT. Crooked workers’ comp lawyers often shove much of the work off onto their legal assistants, much to the detriment of their clients.

Can a lawyer negotiate a settlement for a worker's comp case?

Bad worker’s comp lawyers don’t just fail to negotiate settlements. Often, they also encourage clients to settle too early, just so they don’t have to go to court. The first couple of offers you receive from an insurance company will likely be lowball settlements. If your attorney pressures you to accept one of these low offers without providing a reasonable explanation, it could be because he or she wants to get the case over with.

Does workers comp affect Social Security?

There’s a lot at stake when filing your workers’ compensation claim. For starters, your claim can affect your Social Security, Medicaid, Medicare, or other disability benefits — not to mention how much compensation you receive for medical treatment and lost wages. For most families, these decisions can be the difference between paying the bills and being forced to go into debt. As such, it’s important to know what qualities separate the best workers’ comp attorneys from the bad ones.

Do attorneys have to communicate with you?

Answer: Your attorney has a legal and ethical obligation to communicate with you and keep you informed about your case. That being said, attorneys are typically very busy, often juggling several cases at a time. Depending on your state, workers' comp cases can also move quite slowly.

Should a lawyer keep you informed?

However, your lawyer should be keeping you informed, even if it's just to say that your case is in a holding pattern. You might ask to speak with any legal assistants and paralegals working in your lawyer's office; they may be able to give you information about the status of your case.

Do you bring a copy of your workers comp?

Be sure to bring a copy of your workers' comp file to any meetings that you set up with other lawyers. As for a malpractice suit, it's probably not worth the time and effort unless your lawyer made a big mistake, like missing a filing deadline.

Can you lose money in a workers comp case?

In most cases, you won't lose money in your workers' comp case just because your lawyer didn't communicate with you about your case, so you wouldn't get anywhere with a malpractice lawsuit. You can, however, always file a complaint with the state bar, which is the state agency responsible for disciplining attorneys.