what can a workers compensation lawyer do for me

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.

Full Answer

When should employers hire a workers' comp lawyer?

Oct 30, 2012 · Typical job functions of a workers' compensation lawyer include: Gathering medical evidence and medical records Taking depositions of the claimant, physicians, medical experts, and other parties Conducting discovery Performing legal research Remaining current with developments in the law

How much does a workers' comp lawyer charge?

How do workers compensation lawyers get paid?

What is federal workers comp 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: 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...

1. Disputing the Claim

The fact is, most insurance companies will dispute the claim to save money on their end. It doesn’t really matter what caused the injury or how bad it is. It’s routine and lawyers will know how to deal with disputing the dispute. The lawyer can challenge that dispute in court and get you the benefits you deserve.

2. Dealing with your employer

At the end of the day, you can’t truly count on your employer or insurance company doing the right thing. They will be looking out for their own best interests and may not think about the consequences for you in doing so. Because of this, you need a good lawyer to battle for your rights in court.

4. Help you get a larger settlement

Don’t ever settle the workers’ compensation case without the use of an experienced lawyer. If you do, you will be missing out on a much larger settlement in the long run. Insurance companies will always take advantage of people who are not represented by a lawyer.

5. Protecting your legal rights

Those who settle their case in court without the use of a lawyer do so without realizing the consequences of their actions. When you settle your workers’ compensation case, you are giving up legal rights on a substantial level.

What can a workers comp attorney do?

Fortunately, there are several things a workers' comp attorney can do to tilt the scales in your favor . 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 ...

What can a lawyer do for you?

A lawyer can also advise you about your potential eligibility for other benefits, including vocational rehabilitation assistance, wage reimbursement, long-term disability insurance benefits , state short-term disability , and Social Security disability.

Can employers deny workers comp claims?

Unfortunately, employers or their insurance companies routinely deny workers' comp claims, even when they're legitimate—which leaves injured employees to face a complex system of appeal s. At that point, many applicants simply give up, while others try their best to navigate the system on their own.

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 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.

What does a discovery attorney do?

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.

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.

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, ...

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.

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 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 You Afford a Workers' Comp Lawyer?

Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you).

When Your Workers' Comp Claim Has Been Denied

You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision.

When You Have a Serious Work-Related Injury or Illness

You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.

If You Have Preexisting Conditions

If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.

When You're Not Able to Return to Work After an Injury

If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury.

Contact an Attorney

If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.

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.