how a worker comp lawyer protects you

How a Workers’ Comp Lawyer Protects Your Rights as an Injured Worker In addition to protecting your rights in the health care system, a workers’ comp lawyer can do all of this for you during your workers’ comp claim: Fight back if the insurance company argues your injury didn’t happen at, or because of, work.

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Why do I need a workers'comp attorney?

Oct 30, 2012 · A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages. Available …

Should I talk to a workers comp lawyer after a work injury?

Workers’ compensation, commonly referred to as “workers’ comp,” is a type of insurance carried by most employers to help pay some of the medical bills and lost wages for workers injured on …

What should I look for in a workers'comp lawyer?

What is the difference between workers'comp and defense lawyers?

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.

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.

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.

Can a judge reject a settlement?

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. To avoid that predicament, get a lawyer at the first sign of trouble. You’ve already been injured on the job.

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 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, ...

Is an independent contractor covered by workers compensation?

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

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.

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 do workers compensation lawyers do?

A workers compensation lawyer can advise you on what you should or should not say to your employer. If you are attending a hearing, they can prepare you with crucial evidence and knowledge to win your case. Since these lawyers have works on many cases, their experience can have a significant impact on the overall outcome of your claim. They can act as a guide for workers compensation throughout the process.

What to do if you can't work?

Next, if you are inured to the point where you are unable to work, you may need to make a claim through workers compensation. Whether you are injured in the short or for the long term, you will lose income while you are unable to work. Hiring a workers comp attorney, you can claim for those losses. This way, you can continue to support yourself. Additionally, if you are unable to work in the same industry, an attorney can help you receive compensation while you change careers.

Can you sue someone for workers comp?

However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn't have workers' comp insurance, or your employer intentionally caused your injury.

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.

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 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.

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 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 happens if you don'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.

Can a sprained ankle be permanent?

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.

What can a workers compensation attorney do?

If you experience any of the situations described above, a workers’ compensation attorney can: Secure evidence that your injury or condition is caused by your work. Secure medical documentation to prove your injury. Help you understand what you need to do to file a claim.

What to do if you have already filed a workers compensation claim?

If you have already filed a workers’ compensation claim and something goes wrong or you have concerns, contact a workers’ compensation attorney immediately. If possible, it is best to consult with a workers’ compensation attorney immediately after you have been injured.

Do you have to pay workers compensation in Pennsylvania?

By law, Pennsylvania employers are required to pay for workers’ compensation coverage for all qualified workers. This is the case even in small and non-profit organizations. Employers may fulfill this insurance requirement through self-insurance or by going through an insurance company.

Can you be denied workers compensation if you are injured?

While workers’ compensation fraud is a real concern, you shouldn’t be denied benefits if you are legitimately injured. If your employer or their insurance company alleges you aren’t really injured or you are trying to defraud the system, it’s important to consult with an attorney.

Is Pennsylvania workers compensation complex?

While hiring an attorney is completely up to you, keep in mind that Pennsylvania workers’ compensation process is highly complex. A qualified attorney can offer reassurance and can bring you peace of mind. With a good attorney by your side, you can focus on getting better and taking care of your injury.

Can you claim pre-existing conditions?

Insurance companies and employers may claim your pre-existing condition is what caused your current ailment, and that your injury is not related to a workplace accident. But a pre-existing condition does not disqualify you from receiving benefits. 2. Your Employer Denies an Injury Occurred in the Workplace.

What happens if your employer denies your injury?

Issues may arise if your employer refuses to acknowledge your injury occurred in the workplace or is due to your work duties. A worker’s compensation attorney can clearly establish the link between your injury and your work.

Your Workers' Comp Benefits Stop Without Explanation

If you’re receiving weekly benefit checks while you’re off work, they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI)—meaning that you’ve recovered as much as can be expected.

Your Lawyer is Pressuring You to Settle

There’s a big difference between explaining your realistic options and pressuring you to accept a lowball settlement offer. It may be time to adjust your expectations if your lawyer has given you clear reasons as to why the offer is the best you’re going to get, or why your chances of winning at a hearing are low.