what can a lawyer do about workers comp injuries

Here are tasks that workers’ comp attorneys handle for their clients:

• Make sure all the correct forms are filed before deadlines
• Communicate with the insurance provider on your behalf
• Gather medical evidence that supports your claim
• Negotiate a fair settlement with the insurance provider
• Write a settlement agreement, protecting your rights

Full Answer

What does a workers’ compensation lawyer do?

Part of a lawyer’s job is to explain the workers’ compensation process and coach you for your role in the case. This means spending at least some time to help you prepare for critical proceedings such as an independent medical examinatio n, your deposition, and the workers’ comp hearing.

When to get a lawyer for a Workers Comp case?

When You Should Get a Lawyer for Workers Compensation As soon as you decide to contest the settlement decision. At that point, workers compensation can quickly turn into a legal jungle of paperwork, deadlines, depositions and evidence gathering. It’s easy to get lost if you don’t know what you’re doing. What an Attorney Will Do for You

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

When you're selecting a new lawyer, consider that a good workers' comp attorney should: take the time to understand your case and give you a realistic evaluation of the possible outcomes, the benefits you're entitled to receive, and how long it might take to reach a settlement or hearing

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

Defense attorneys are more likely to work for or be retained by insurance companies and employers. 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.

How many percent of workman's comp cases are settled?

In the US, about 95 to 96 percent of injury claims are usually settled pretrial. That leaves about 4 to 5 percent that usually proceeds to court. If yours is one of them, then it's best to have a workman's comp attorney by your side.

How long does it take for a worker's compensation claim to appear?

Keep in mind that some injuries can cause internal conditions, which may take weeks or even months to appear.

Is work injury complicated?

Some work injury claims can be pretty complicated, especially when determining who was at fault. For example, it's important to establish whether your role at your workplace permitted to be at the scene or area of the accident.

Is filing a workers compensation claim easy?

The process of filing a worker's compensation claim is usually not an easy one. There is paperwork, deadlines, and accuracy of your details. You need to ensure everything is correct and filed properly if you want to secure your settlement.

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 a twisted back turn into a knee surgery?

However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.

What is the job of a workers comp lawyer?

This means spending at least some time to help you prepare for critical proceedings such as an independent medical examinatio n, your deposition, and the workers’ comp hearing. You shouldn’t have to go into these events blind.

What does it mean when a lawyer can't answer questions?

However, if your lawyer can’t answer simple questions about the status of your case, or repeatedly asks you the same questions, it may be a sign of neglect.

Why doesn't my lawyer return my calls?

Your Lawyer Doesn’t Return Your Calls. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers). Other times, however, a lawyer may not be giving your case ...

What to do if your health insurance benefits stop?

If your benefits stop before that happens and there's no explanation, you should contact your lawyer immediately. It could be a mistake, or the insurance company may have decided to end your benefits for some other reason (for example, because it disputes your treating doctor's assessment of your condition).

Can an attorney rush you into a bad deal?

But an attorney who rushes you into a bad deal may not be looking out for your best interests.

Can a lawyer give you attention?

Other times, however, a lawyer may not be giving your case the attention it needs. You could have a real problem if your lawyer is unreachable for weeks at a time or doesn’t respond to fair requests in a reasonable amount of time.