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

Full Answer

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

A workers’ compensation attorney will ensure that you follow the proper procedure for your state. Ensure You Get Adequate Compensation. One of the biggest overarching benefits of hiring a workers’ compensation lawyer is they can ensure you get adequately compensated for your injury.

What are the duties of a workers comp lawyer?

Without your own attorney, you essentially have to trust the insurance company – an entity that is completely opposed to your interests – to guide you, and this is why you need a workers’ comp attorney. Insurance companies may also try to take a statement from you at any point in the process. If you say the wrong thing and they document it, your benefits may become …

Where do workers'comp attorneys work?

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 …

Should I hire a workers'compensation attorney after an injury?

Instead, your claim is managed by a claims adjuster who works for the employers’ insurance company. An experienced workers’ compensation attorney will be able to assert your rights in the event that your workers’ comp rate is incorrect, or if you attempt to go back to work and are unable to perform your job due to your work injuries.

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.

Can an employer deny workers comp?

Your employer denies your claim or doesn't pay your benefits promptly. Employers 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 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 work related injuries?

You were injured because of a third party's actions or your employer's serious misconduct conduct. The workers' comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury ...

Can you represent yourself without an attorney?

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: You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches. Your employer admits that the injury happened at work.

What is the job of a workers comp lawyer?

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. Typical job functions of a workers' compensation lawyer include: Gathering medical evidence and medical records.

What are some examples of accidents at work?

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. A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, ...

How much do claimants attorneys charge?

It's more customary that they work on a contingency basis, collecting a percentage of any award received for a claimant, anywhere from 10% to 33%. Some state laws cap the percentage.

Where do workers comp attorneys work?

Workers' comp attorneys work in an office environment, often employed in a law firm or in a corporate legal department. Frequent travel to hearings, arbitrations, depositions, and job sites can be required.

Is an independent contractor covered by workers compensation?

Independent contractors are not covered under most workers' compensation laws.

What can a worker's compensation attorney do?

A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages.

What are the laws that cover federal employees?

Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen, and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, ...

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 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.

When You Can Represent Yourself

If you experienced something such as a twisted ankle or a cut that required a few stitches, then you may be fine to represent yourself. If little or no work has been missed, your employer admits that the injury happened on the job, or you have no pre-existing conditions, your claim may be simple.

When You Need An Attorney

The moment you encounter complexity in your case, you should consult with an attorney immediately. Here are examples of situations that warrant legal help:

Give Us A Call For A Free Consultation

Even if it doesn’t seem like you need a workers’ compensation attorney, you may need that advocacy and advice by your side. Unfortunately, insurance companies view those acting on their own as uninformed, which isn’t always the case, and they may try and take advantage of this. With an attorney working for you, you are not viewed in this way.