how having a lawyer in a workmans comp case is helpful

by Danika Fay 8 min read

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.

An attorney can handle the claims aspect of your work-related injury while you focus on getting better. They will protect your rights and ensure you receive the care and compensation you deserve.

Full Answer

Do I need a lawyer for my Workers Comp case?

Workers ’ comprehensive examination claims are typically cover and paid for by secret policy companies. The more claims your employer files, the higher the workers ’ recompense premiums will be. In addition, the insurance company has its own incentive for denying or minimizing your claim. With your employer and the insurance company possibly working against you, you want …

What does a workers'comp lawyer do?

Even in these relatively uncomplicated situations, it's often a good idea to contact a workers' compensation attorney for a free consultation about your case. The lawyer can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own. When to Hire a Lawyer

Why do lawyers add time to a Workers’ Comp case?

Mar 29, 2016 · One of the most hotly debated issues in many workers’ comp cases is the extent of any permanent disability from the on-the-job injury (known as a permanent disability rating). A lawyer can be particularly helpful in these cases—for instance, by challenging reports by IME doctors hired by the insurance company.

How much does a workers'comp lawyer cost?

Oct 07, 2019 · 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. They must have knowledge of billing procedures.

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 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 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 sue someone for work related injuries?

You were injured because of a third party's actions or your employer's serious misconduct conduct. The workers' comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury ...

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.

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.

How long does it take to get a workers comp case resolved?

According to our survey, workers’ comp cases took nearly six months longer to conclude when a lawyer was involved. On average, cases resolved in 17.9 months with a lawyer and 12.2 months without a lawyer.

How to file a workers comp claim?

Because lawyers have more knowledge about the workers’ comp system and more tools at their disposal, it makes sense that they would add time to a workers’ comp case. When faced with an insurance company that refuses to budge on its position, the lawyer may take several actions, including: 1 sending you to another doctor for a second opinion on your degree of permanent disability 2 hiring a vocational expert to prove that you can no longer hold any gainful employment due to your injury, or 3 filing an appeal or request a hearing in front of a workers’ comp judge.

What is Martindale Nolo's 2015 survey?

The data referenced above is from Martindale-Nolo Research's 2015 workers’ compensation study, which analyzed survey responses from readers who had recently experienced a work-related injury or illness and had researched hiring a lawyer. The names of any quoted readers have been changed to protect their privacy.

Can workers comp be denied?

Denied Workers' Comp Claims. Injured employees face an uphill battle when their employers' insurance companies deny their workers' comp claims. They first have to show that they're eligible for benefits, and then they have to argue for the proper amount of benefits. Denied claims are unfortunately very common.

Is it worth hiring a lawyer for workers comp?

Many injured employees wonder whether it’s worth it to hire a lawyer for their workers’ compensation cases. On the one hand, it can be difficult and time-consuming to fight an insurance company—and its lawyer—on your own. On the other hand, hiring a lawyer means giving up a portion of your workers' comp benefits.

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:

What is the best way to win a workers compensation case?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.

What is an adjuster's job?

They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer. This is not to say that all employers or their insurance companies, are out to intentionally deceive people.

What does it mean when a worker is embarrassed?

At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries.

How to keep track of doctor visits?

A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.

Can an injured worker make a mistake?

This is the greatest mistake an injured worker can make. As stated above, it is extremely tempting to do things for one’s self, especially when living alone. However, it is the one time when you do venture down the driveway to get that heavy package out of the mailbox or carry in that bag of groceries when you are caught in the act by a zealous insurance adjuster who has sent out a private investigator for the sole purpose of discrediting the inju red worker.

How can a claim be diminished?

Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.

Do you have to give a recorded statement?

You do not have to give a recorded statement or sign a medical authorization. Much like a criminal case, anything you say can and will be used against you. My clients are often shocked when they find out they were never required to give a recorded statement. The adjuster may tell you they can’t proceed with your claim until you sign certain paperwork.

What is an IME exam?

Like a workers’ comp deposition, an independent medical examination (IME) can be a nerve-wracking experience. Your employer’s insurance company may require you to attend an IME ...

What is the purpose of IME?

Remember the purpose of the IME. The doctor is there to assess your condition and give an opinion on the medical issues in dispute. The examiner is not your treating physician, so there is no doctor-patient confidentiality. Anything you say in the exam will be relayed to the insurance company.

What is an IME?

Like a workers’ comp deposition, an independent medical examination (IME) can be a nerve-wracking experience. Your employer’s insurance company may require you to attend an IME when there’s a dispute about medical issues in your workers’ comp case, including the cause of your injuries, treatment you need, if you’re able to work, ...

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

  • Lawyers for workers comp do a lot more than just show up in a courtroom. If you experienced a workplace injury, you’re probably a little confused about which steps you should take. You’ve already filed a claim and started seeing your doctor and it’s likely that your employer has told you there’s nothing else you should do. Nevertheless, you can’t shake the feeling that maybe you sho…
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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, you probably have a lot of questio…
See more on bdtlawfirm.com

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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