how a workers comp lawyer can help

by Hank Farrell 9 min read

When should employers hire a workers' comp lawyer?

 · How a Workers’ Compensation Lawyer Can Help You Hiring a workers’ compensation lawyer helps you in several ways. Even if your case is relatively clear-cut, they can ensure that you fill out all the necessary forms correctly and …

What exactly does a workers' compensation attorney do?

Injured at Work? Here’s How A Workers Compensation Lawyer Can Help. Workers’ Compensation is designed to be a process that is much quicker than civil litigation (a lawsuit) and requires no proof of negligence by the employer. Claims are paid for work-related injuries and loss of income mostly through workers’ compensation insurance carriers, although some employers are self …

How much does a workers' comp lawyer charge?

An experienced workers’ compensation attorney can help you with all aspects of your claim. At The Law Offices of Rex E. Zachofsky, we help overcome the obstacles you face, specifically …

What are the Federal Workers Compensation Law?

 · What Will a Workers’ Compensation Lawyer Do? State laws vary for workers’ compensation, and one key advantage of hiring an attorney is that they will guide you through …

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How Our Workmans Comp Lawyers Can Help You

Hiring a workmans comp lawyer can protect your rights to benefits, make sure you are receiving the correct workers compensation rate — and give you the freedom to focus on your recovery.

Filing A Workers Compensation Claim In Michigan

Advice on starting a claim and what to expect throughout your workers comp lawsuit.

The Value Of Your Workers Comp Case

Information on how much your case pays, whether you should settle, past due benefits and survivors loss.

Why do you need a workers comp attorney?

Hiring a dedicated workers' compensation attorney will give you a much better chance of obtaining the benefits you deserve. An attorney will communicate with the workers' comp insurer on your behalf, gather medical evidence that supports your claim, try to negotiate a good settlement, and represent you at your workers' comp hearing.

How much do workers comp lawyers charge?

Many states strictly limit the amount workers' comp lawyers can charge, with fees often capped at 10 to 20 percent of your benefits.

How to win a workers comp case?

To give yourself the best chance of winning your case, hire a workers' comp lawyer. A lawyer can help develop medical evidence to prove your claim, negotiate a settlement, and represent you at your workers' comp hearing.

What happens if you don't settle your workers comp claim?

If you're unable to reach a settlement, your case proceeds to an administrative hearing or trial before a workers' comp judge. During the " discovery " (or investigation) process, your attorney may take depositions of witnesses, request your medical records, perform legal research, write your " pleadings " (petitions, motions, and responses to the insurance company), and make sure that everything is submitted on time. At the hearing, your lawyer will present a "theory of the case" (why you should get benefits) to the judge, make opening and closing arguments, examine witnesses, and raise objections when the insurance company does something improper.

Why is my workers comp denied?

Insufficient medical evidence is probably the most common reason workers' comp claims are denied. Even if your claim is approved, you're more likely to receive all of the medical treatment you need—and all of the other benefits you deserve—if you have strong medical evidence that supports your case.

What to do if you are not satisfied with the outcome of your hearing?

If you're not satisfied by the result of your hearing, your attorney can help you appeal the decision.

What does an attorney do at a court hearing?

At the hearing, your lawyer will present a "theory of the case" ( why you should get benefits) to the judge, make opening and closing arguments, examine witnesses, and raise objections when the insurance company does something improper. If you're not satisfied by the result of your hearing, your attorney can help you appeal the decision.

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.

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Has Your Workers Comp Claim Left You Without A Leg to Stand on?

Guidance

  • Perhaps the biggest benefit of a workers comp lawyer is the advice and guidance they can give you. Not only do lawyers for workers comp have a wealth of legal expertise, they can also advise you on your particular workers compensation case, such as what obstacles to expect and which outcomes are reasonable. If this is your first workplace injury, y...
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Communication

  • Another thing you might have noticed about your workers compensation case is that the phone calls and paperwork seem to never end! Between your work duties and your doctor’s appointments, it can be difficult to carve out time to do all of the administrative work on your case. But that’s where an attorney can be a lifesaver. Let your workers comp lawyer take over co…
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Research

  • When issues and discrepancies derail your workers comp claim, they need to be cleared up before the case can move forward. But the insurance company isn’t going to do all that legwork for you. If your claim is denied or undervalued, it is up to youto collect evidence to support your claim. But if you hire a lawyer for your workers comp case, you won’t have to do all of that heavy lifting on y…
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Negotiation

  • Mediationis an important step in many workers comp cases, as it gives both parties the chance to resolve their dispute without having to step inside a courtroom. But many times, mediation can be fraught with just as much tension and hostility as a trial. Each party has an expectation of what a reasonable settlement looks like, but those two ideas rarely align. In addition, the injured employ…
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Representation

  • Mediation doesn’t always resolve the issue, however, and the case proceeds to a hearing before a Judge of Compensation Claims. If you have little to no experience inside the courtroom, this step can be nerve-wracking. After all, your entire case hinges on this one hearing! Having your evidence and arguments organized and coherent can give you a huge advantage, but few injured employe…
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Protect Your Rights

  • Above all else, the main job of a workers comp attorney is to protect your rights as an injured employee. Without a background in workers compensation law, you may feel overwhelmed, lost, or even ignored by the very institutions who have promised to look out for you. When they fall short of this duty of care, lawyers for workers comp can step in and make the process easier. At …
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