fau ,"why do i need a workers comp lawyer ?"

Let’s take a closer look at why you need a good workers comp lawyer on your side. #1: You Have Been Hurt at Work Even if you don’t think your injuries are bad enough to qualify for benefits, a workers comp attorney will have the objectivity to verify whether this is truly the case.

Full Answer

Do I need an attorney for a workers’ compensation claim?

Whether you need an attorney to represent you after you are injured and have a your workers’ compensation claim depends on a number of factors. If any of the following are true, you should retain an attorney as soon as possible: Your workplace injuries are severe enough to require surgery. Your workplace injuries are moderate to severe.

Do I need an attorney for a workplace injury without an attorney?

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.

When should I hire a workers'compensation attorney?

The moment any complexity arises in your case is the moment you should hire an attorney. 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.

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.

Why should I get a lawyer 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.

Do I need a lawyer for workers compensation case in Florida?

While Florida law does not require an injured worker to hire a workers comp lawyer when filing a workers' comp claim, getting one can improve your odds of receiving your benefits. Only an experienced Florida workers' comp lawyer can protect your rights if your employer or their insurer decides to dispute your claim.

Who needs workers compensation in Florida?

Workers' compensation insurance is required for all Florida businesses with four or more employees. Construction businesses must have coverage for every employee.

Does workers comp attract super?

Superannuation is generally not payable while an employee is on workers compensation however there are exceptions.

What is the average workers comp settlement in Florida?

Within Palm County, the average settlement for all cases is $15,396 in Palm County. However, if there is an amputation involved, the average settlement jumps to $24,999. When there is a lesser injury, such as a burn, there may be no settlement at all.

Can you be terminated while on workers comp in Florida?

Many people are under the assumption that they cannot be fired while they are on workers' compensation. Unfortunately, this is not the case. Florida is an “at-will” state, meaning any employer can fire any employee at any time and for just about any reason.

What does Florida workers compensation cover?

Workers' comp pays for all medical care that's necessary to treat a work-related injury or illness, as long as your treatment is prescribed by the treating doctor and authorized by the insurance company. You're also entitled to the cost of traveling to and from doctor's appointments and to get prescribed medicine.

How long does workers comp last in Florida?

104 weeksFlorida workers' compensation law allows an injured worker to receive up to a maximum of 104 weeks of temporary compensation. The employee must remain on a "no work" status—or under limitations which an employer cannot accommodate—in order for benefits to be claimed for the week. Medical benefits.

Who can be excluded from workers compensation in Florida?

People that Are Exempt from Workers' Compensation Insurance in FloridaEmployees of companies with four or fewer employees, except for agricultural companies and construction companies.Employees of agricultural companies that employ six or fewer full-time employees or 12 or fewer seasonal employees.More items...

Are you entitled to full pay if injured at work?

While you do have some rights after being injured at work, there is no obligation on any employer to pay a staff member their full standard salary if they are off work due to illness or injury – even if it was caused by an accident at work, or materials used at work.

Who pays super on workers comp?

The WorkCover insurer (the insurer) is not obligated to pay you superannuation for the first 52 weeks you remain off work due to a workplace injury or illness. However, if you remain unable to return to work for more than 52 weeks, the insurer will then be obligated to pay your super contributions from this point.

What is an impairment benefit claim?

An impairment benefit is known as a 'lump sum benefit' and is compensation which can be paid even for single vehicle accidents, or where no-one else caused or contributed to the crash. If you have suffered injuries from which you do not fully recover, you may be able to make a claim for an impairment benefit.

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.

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.

What to do if you get hurt on the job?

If you get hurt on the job, it’s important to let your employer know immediately and seek medical treatment right away. You also need to talk to a qualified workers compensation attorney as soon as possible. Why is this necessary? Why not just let your employer’s insurer pay whatever they think is right? Here’s the reality: Trying to recover workers comp benefits without a lawyer can result in unnecessary delays or even an outright denial. For one thing, the workers comp system is a complex web of regulations that is hard to navigate on your own. Second of all, your employer and their insurance company do not always have your best interests at heart. Let’s take a closer look at why you need a good workers comp lawyer on your side.

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.

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.

How much do workers comp lawyers charge?

Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states . (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)

Why do insurance companies deny workers compensation claims?

For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)

What happens if you dispute your workers comp rating?

Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. (To learn more, see our article on how permanent disability ratings work .)

What to do if you can't work again?

If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future. If you need to change careers, you'll need to secure training in a new line of work. A lawyer can help you do both.

What to do when you have a dispute with an insurance company?

Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses—all of which require legal knowledge and skill.

What to do if you have a work injury?

If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.

Can insurance companies deny or delay medical treatments?

Insurance companies often deny—or delay in approving—expensive medical treatments, such as surgery. A lawyer can put pressure on the insurance company to approve necessary medical treatments in a timely manner. Your ability to work has been affected.

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 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 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 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 get workers comp if you have a permanent disability?

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.

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.

What to do if your employer disputes your claim?

If any aspect of your claim is in dispute with your employer, or your employer's insurance company, it is important for you to obtain an attorney. In many states, the dispute process is highly legal, involving complex legal rules and procedures. You will likely be at a disadvantage if you do not retain an attorney to represent your interests in these proceedings.

How long does it take to get a free workers compensation consultation?

Most attorneys specializing in workers' compensation will give you a free consultation, usually thirty to forty minutes, to review your claim and assess whether you need an attorney. The attorney should be candid regarding your need for legal representation and your chances of success if you are considering appealing an adverse decision. The attorney can help you decide if you need representation. And in fact, if your case is fairly minor, the attorney may tell you that he or she isn't interested in taking your case.

Can you have surgery if you have a workplace injury?

Your workplace injuries are severe enough to require surgery.

Is the dispute process legal?

In many states, the dispute process is highly legal, involving complex legal rules and procedures. You will likely be at a disadvantage if you do not retain an attorney to represent your interests in these proceedings. Request a Free Consultation.

Can you get an attorney for workers comp?

Regardless of the circumstances of your workers' compensation claim, you are entitled to obtain an attorney.