why you need an attorney for their workers' comp case

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 lawyer for my workers’ compensation case?

Don’t wait to hire a law firm for your workers’ compensation case. The sooner you find an attorney, the easier the process will be and the sooner you can expect workers’ compensation benefits. Let Krasno, Krasno & Onwudinjo help you get the benefits you deserve.

When to hire a workers comp attorney to evaluate a claim?

Hire a Workers’ Comp Attorney to Evaluate the Claim Even if the employer, their insurer, and The Workers’ Compensation Board are cooperating with you and not denying the claim, you may want to work with an attorney to evaluate the value of your claim and the benefits you’re entitled to.

Can a lawyer negotiate a workers comp settlement in PA?

An Attorney Can Negotiate a Settlement Offer Because Pennsylvania allows lump-sum payments, also known as a Compromise & Release, it may be beneficial to hire an attorney to help negotiate the offer. Workers’ compensation will provide an offer they know is probably lower than what they would have to pay if they make ongoing payments.

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 adjusters pick up when you call?

Can you get workers compensation without a judge?

Why Legal Representation Makes A Difference

When you have an attorney managing your workers’ comp claim, you will have the ability to focus on your recovery instead of trying to deal with the insurance company.

File Your Claim And Call An Attorney

When you have been injured at work, make sure to report the accident immediately and seek immediate medical care. Once your health has been stabilized, contact an attorney before giving a complete statement to the insurance company.

What Does a Worker's Comp Lawyer Do?

You may be wondering what you can expect from a workers' compensation attorney, if you decide to hire one. Here are tasks that workers' comp attorneys handle for their clients:

Why do injured workers hire lawyers?

Other factors that led injured workers to hire lawyers included the severe nature of their injuries, the size of the employer, the employee's tenure with the company, and the employee's age , according to the survey.

How Much Does a Worker's Comp Lawyer Cost?

The fee charged depends on many factors, such as your geographic location and how experienced the attorney is. Many states have laws that cap the percentage workers' comp attorneys can take at between 10% and 20%.

Why do people hire attorneys?

Surprisingly, almost half (46%) of those surveyed said they hired an attorney because they mistakenly believed their claims were denied, when in fact, their claims had not yet even entered the system.

Do employers deny workers comp claims?

Unfortunately, employers or their insurance providers often deny workers' comp claims, even when they shouldn't. Many people hire attorneys for workers' comp claims to help them get fair compensation.

Did most people with workers comp not hire an attorney?

Interestingly, they found that most people with a workers' comp case (71%) did not hire an attorney. Of the people who did hire an attorney for their workers' comp case, most said they did so after feeling threatened — either by their employer or by the workers' comp process in general.

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 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 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 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.

What can an attorney do for you?

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.

What can a lawyer do for you?

They can offer legal advice to warn you of possible complications that would require their services. At the very least, it will help you feel more informed and better prepared for dealing with the insurance and employer.

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.

Attorneys can increase the value of your case

Under the workers compensation laws in Indiana, there are many opportunities for an attorney to increase the value of your case:

When you should accept the workers comp settlement

In rare instances, the adjuster’s statement is correct. The value of a workers compensation settlement is sometimes based only on a permanent partial impairment rating. Sometimes, the authorized workers compensation doctor assigns you a rating that is fair and correct, and sometimes it’s in your best interest to accept that rating.

When you should seek the advice of an experienced workers comp attorney

In most cases, however, the workers compensation doctor gives a low PPI rating and it’s in your best interest to explore other avenues to increase the value of your case.

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 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.

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.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

Why do people fear hiring an attorney?

Some people fear seeking the services of an attorney because they don't have the money. The good news about workers' compensation cases is that there's no upfront payment. The attorney gets a portion of your payment after the settlement or is awarded separately.

How to get worker's compensation?

The only way to get befitting worker’s compensation is through a lawyer. No matter how small your case may seem, you need to hire an attorney to help you win maximum compensation. An attorney doesn't only represent you but gives you the best legal advice.

Can you get workers compensation if you receive Social Security?

If you receive Social Security Disability Insurance Benefits (SSDI), it may reduce your chances of getting workers’ compensation. But you can't allow worker's compensation to affect your SSDI significantly, hence the need for a lawyer's intervention.

Do adjusters pick up when you call?

If you’ve ever tried to get ahold of your adjuster when you needed something or had a question about your case, you know that rarely will they ever pick up when you call. Even rarer is a call back once you leave a message.

Can you get workers compensation without a judge?

There will be times when what you want from workers’ compensation will be impossible to get without them being ordered to provide it from the Judge of Compensation Claims. Sometimes cases are denied in their entirety, and they refuse to pay any benefits altogether.