workers comp why have an attorney

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.

Full Answer

When should employers hire a workers' comp lawyer?

If you have been injured on the job, you may be wondering what your legal rights are. At Brooks Law, we understand that you have many questions at this time about what you are entitled to.There are many factors in a workers’ comp case, including the type and the severity of your injuries, and the circumstances surrounding your case.

What exactly does a workers' compensation attorney do?

Injured workers are not required to have a workers’ comp attorney representing them in order to pursue workers’ compensation benefits. But many workers in Texas find comfort and peace of mind in having a legal professional looking out for their rights and guiding them through what is often a complicated and intimidating process.

How much does a workers' comp lawyer charge?

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 …

What are the Federal Workers Compensation Law?

Why Hire A Workers’ Compensation Lawyer? The California workers’ compensation system is set up as an honorable process for individuals who have suffered a work injury or illness to get the medical care they need to get better. Workers who miss time from work are also supposed to receive benefits to cover a portion of their lost wages.

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 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.

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.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, ...

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 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.

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 does an attorney do for a company?

On the defense side, attorneys help insurance companies or self-insured employers mitigate their exposure and defend against workers' comp claims. They must understand the claims-handling guidelines for each business unit they work with and be able to budget costs and calculate exposure.

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:

How long does a workers comp claim last?

By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.

How to appeal a medical claim?

Here are a few situations that warrant contacting a lawyer: 1 Your claim is denied. Did you file too late? Does your injury or illness fall into a gray area? Your appeal likely will involve formal paperwork, proper evidence-gathering, and a hearing. 2 You sense your employer is hostile to your claim, demonstrated by overt or even subtle retaliation. 3 You have a significant pre-existing condition or disability. 4 You are permanently disabled, either totally or in part, and the insurer resists your rating. 5 Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal. 6 Your work-related medical issues prevent you from returning to your prior job, or limit what you can do at work. 7 You receive, or intend to apply for, Social Security disability benefits. 8 You were injured, or sickened, as a result of a third party’s actions or your employer’s serious misconduct. Was a piece of leased equipment involved? Or equipment maintained by an outside vendor? You may have grounds for a liability suit in parallel with your workers compensation claim.