Jan 04, 2021 · An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you prepare for the workers' comp hearing, highlighting the strengths of your case with supporting evidence, and questioning witnesses effectively. A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a …
The penalties for not carrying workers’ comp when legally required to do so can have a profoundly negative impact on a business. Fines deal a financial blow to any company’s bottom line. In extreme situations, they could even force a business to close. The stakes are high for businesses without proper workers’ comp coverage in place.
When You Do Not Need an Attorney . If your workplace injuries are relatively minor, you expect to go back to work with your employer at your current job after a few days' or weeks' recovery, and you do not expect your workplace injury to result in permanent loss of bodily function, you may not need to hire an attorney.
Not every injured worker will need to hire an attorney. After all, the workers' compensation system is an administrative process designed to be relatively easy for workers to navigate. If you have a straightforward claim that is not being disputed by your employer or its insurance company, you can probably handle your own claim. Unfortunately, the process is not always that simple. …
With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .
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.
A lawyer will do the following to help you get started with your claim: 1 Collect details of the incident and document everything 2 Ensure you see a medical care provider 3 Notify the employer 4 Help you navigate the required Independent Medical Examination (IME) to eliminate the possibility of your employer disputing your claim. 5 Respond to the employer or workers’ compensation insurance adjuster with requests for more information 6 Ensure all actions take place in a timely manner
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.
However, there is one situation where they may be able to file a claim against a third party . This situation occurs when someone other than the employer is at fault for the injury which occurred at work. You will most often see this situation when multiple vendors or contractors are working on the same job site.
You don’t have a pre-existing condition which can complicate matters. Although one or more of these scenarios might describe your situation, you may want to contact an attorney for a free evaluation. They can offer legal advice to warn you of possible complications that would require their services.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
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 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.
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, ...
The penalties for not carrying workers’ comp when legally required to do so can have a profoundly negative impact on a business. Fines deal a financial blow to any company’s bottom line. In extreme situations, they could even force a business to close.
If a business that is required to carry workers’ comp coverage is found operating without it, the business could face major penalties, which vary by state. For example: 1 In New Jersey, failure to carry workers' comp coverage is a criminal offense punishable by a fine of $10,000 or imprisonment for up to 18 months. 2 The penalty for not having workers’ compensation insurance in California is very similar, but can reach up to $100,000 in fines. 3 In Illinois, failure to carry workers’ comp insurance carries a misdemeanor charge, but willfully failing to obtain insurance is a felony. 4 In Pennsylvania, intentional noncompliance is a felony of the third degree. It can result in a fine of $15,000 and up to seven years in jail.
It can result in a fine of $15,000 and up to seven years in jail. Workers’ comp laws are typically enforced by local law enforcement, business regulatory bodies, and government departments that focus on insurance fraud.
Injured workers could sue their employer. Not only could employers be fined or jailed for violating workers’ comp laws, they could also be sued. If an employee is injured at a company that is required to have a workers’ comp policy – but doesn’t – the employee could file a lawsuit against the employer to recoup the cost of medical expenses.
Are located in Texas or South Dakota (where workers' compensation is voluntary for most employers) Only employ members of the business owner’s immediate family, depending on the state. Haven’t reached the minimum number of employees before workers’ comp coverage is mandatory. Of course, there are always exceptions to these rules.
That means if a business is based in Texas, where workers’ comp is not typically required, but an employee works in New York, where coverage is mandatory for all employees, the business owner would need to purchase coverage for the New York employee or potentially face legal repercussions.
In Illinois, failure to carry workers’ comp insurance carries a misdemeanor charge, but willfully failing to obtain insurance is a felony. In Pennsylvania, intentional noncompliance is a felony of the third degree. It can result in a fine of $15,000 and up to seven years in jail. Workers’ comp laws are typically enforced by local law enforcement, ...
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 .)
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.
You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Your permanent disability rating is disputed.
Many workers will need to—or can benefit greatly from—hiring a workers' compensation lawyer. In very few cases, an employee who suffers an injury at work can make a claim outside of workers' compensation, and a personal injury lawyer would be appropriate.
don't result in permanent injuries. For example, suppose you sprained your ankle after you slipped on some water in the break room. Your doctor ordered you to ice your ankle, take pain relievers, and stay on bed rest for a few days.
You're receiving other government benefits. If you're receiving Social Security Disability Insurance (SSDI) benefits, these benefits may be reduced if you receive workers' compensation benefits. A lawyer can help you minimize how much your SSDI benefits will be reduced.
Not every injured worker will need to hire an attorney. After all, the workers' compensation system is an administrative process designed to be relatively easy for workers to navigate. If you have a straightforward claim that is not being disputed by your employer or its insurance company, you can probably handle your own claim.
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.
When it comes to workers’ compensation cases , Randy Alberhasky has over 25 years of experience. During his legal career he has personally tried over 200 workers’ compensation hearings and jury trials in courts throughout the State of Missouri. Many people who have suffered from a workplace injury and illness are unaware of the legal action they can take to receive the financial compensation that they’re entitled to. The Alberhasky Law Firm, P.C. is proud to help our clients receive the compensation they deserve.
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.