what could happen if i get a lawyer for a workers comp claim

Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers' compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms.

Full Answer

Do I need a lawyer for a workers’ comp claim?

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:

Should I hire a workers'compensation attorney after an injury?

If you've suffered a work-related injury or illness, you may be wondering whether to hire a workers' compensation attorney. The answer depends on the severity of your injury, the overall complexity of your case, and the actions of your employer (or its insurance company).

How does a workers'comp lawyer get paid?

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). This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front.

What happens if my employer denies my workers'comp claim?

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 much do workers comp lawyers charge in California?

In California, the workers' compensation judge will authorize a fee of 10%, 12%, or 15%, according to the complexity of your case. In a case where you settle for $40,000, your attorney's fee could be anywhere from $4,000 to $6,000.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

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 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.

What to do if your employer has fired you?

If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct.

What are some examples of situations that call for a lawyer's intervention?

Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s 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 get workers comp if you have a permanent disability?

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.

Do you have to have judicial approval for workers comp?

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

Does a workers comp attorney cover lost wages?

Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What does a workers compensation attorney do?

An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.

Why is my workers comp claim denied?

One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.

What happens if a subcontractor is responsible for another subcontractor's injury?

If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.

What can an attorney do for you?

An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement.

How often are laws changed?

Changes are made to laws every day, and the average person doesn’t know what all these changes mean.

What can a lawyer do for you?

They can offer legal advice to warn you of possible complications that would require their services. At the very least, it will help you feel more informed and better prepared for dealing with the insurance and employer.

What does a lawyer do for workers comp?

A lawyer will be able to analyze the details of a particular workers ’ comp case to ensure an employee receives proper benefits. The lawyer might look over medical records to determine the extent of the injury in question and could also examine your business’s records to see if it has had any previous safety violations.

What happens when an employee accepts a workers comp claim?

When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state. If an injured employee accepts benefits or a settlement package, they usually waive the right to sue your business, but they can reject the settlement outright and pursue litigation.

Why do employees hire workers comp lawyers?

Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

What to do if your business's insurance provider denies your claim?

Lawyers can also advise employees after your business’s insurance provider decides whether or not to grant benefits. If the insurer denies the claim or offers an unsatisfactory payout, the employee’s lawyer may encourage him or her to appeal the decision. As noted above, this is an instance when a small business might consider hiring its own ...

What happens if my business doesn't have workers comp insurance?

Your business lacks workers’ comp insurance. If your company fails to purchase the required workers’ comp coverage for the states in which you do business, you are likely to hear from the Occupational Safety and Health Administration, in which case it’s wise to speak with an attorney.

How long does it take to get workers comp insurance?

carriers. Once you find the right policy for your small business, you can begin coverage in less than 24 hours.

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.

How to appeal workers comp claim?

However, the appeals process can be complicated. It involves tight deadlines, formal paperwork, and detailed knowledge of substantive and procedural rules . An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you prepare for the workers' comp hearing, highlighting the strengths of your case with supporting evidence, and questioning witnesses effectively. A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a certain rule, meet a deadline, or submit a particular document.

What to do if your workers comp is 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. Unfortunately, some workers take the denial at face value and miss out on the benefits they're entitled to receive.

How does a lawyer help you?

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. Permanent disability benefits can be very expensive for the insurance company, and it will do everything it can to minimize your disability rating (the measure of your long-term limitations). Insurance companies usually have high-powered lawyers working for them; having an experienced lawyer on your side will level the playing field.

What happens when an insurance company puts up a fight?

When the insurance company puts up a fight, you could face tactical delays, demands for independent medical exams, or low-ball settlement offers. An experienced workers’ comp lawyer will know how to deal with these types of insurance defense tactics and can help you get your medical expenses covered and receive a fair settlement or award.

What to do after a workplace injury?

After a workplace injury, your top priority is probably getting paid for your medical bills and lost wages as quickly as possible. Sometimes, hiring a workers’ compensation lawyer is the best way to make this happen. Other times, you may be able to handle the case on your own successfully, particularly if you had a minor injury, your employer acknowledges that it happened on the job, you didn't miss much work, and you don't have any complicating medical issues like preexisting conditions.

Does having a lawyer help with insurance?

With an attorney in the picture, the insurance company will be more motivated to negotiate, and your lawyer will be able to evaluate whether you should accept the settlement offer.

Do workers comp attorneys get paid?

This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front. According to our survey of readers with workers' comp claims, workers' comp attorneys charge an average of 15 percent of their clients' award or settlement.

How much do workers comp lawyers charge?

Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states . (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)

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 happens if you dispute your workers comp rating?

Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. (To learn more, see our article on how permanent disability ratings work .)

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.

How to appeal a disability denial?

You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Your permanent disability rating is disputed.

What to do when you have a dispute with an insurance company?

Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses—all of which require legal knowledge and skill.

What to do if you have a work injury?

If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.

Why do employers hire attorneys?

This means that you are more likely to hire an attorney to help you out if they violate the law when they fire you. Most companies want to avoid an additional claim.

What to do if you are fired for a reason?

If you have been fired for a reason that you believe is improper, you should contact an attorney who specializes in employment law. Our firm does not handle employment law cases but we do know attorneys that do. If you need help and would like us to recommend someone, just give us a call us at (770) 214-8885.

Can a company fire you for workers compensation?

Most companies want to avoid an additional claim. It can hurt your employer in the workers’ compensation case if they fire you. One of the ways that companies decrease the money they pay in workers’ compensation is bringing you back to work. When they fire you, they usually lose the chance to do this.

Can an employer fire you for a bad reason?

The truth is that your employer may be able to fire you for just about any reason. They can even fire you for a stupid reason. Most employees in Georgia are in an “at will” employment relationship. This means your company can fire you for a good reason, a bad reason, or no reason at all.

Can you lose your job after an injury?

Many people have concerns about losing their job after an injury at work. Some have known people who have lost their job after an injury. Some people think their company will fire them if they hire an attorney.

Can you get workers compensation if you hire an attorney?

Your employer might fire you for hiring an attorney, but I have seen many more people who were fired who did not have an attorney. This can put you in a bad situation. You may be able to get workers’ compensation benefits afterward, but you will probably have to go to court.

What can an attorney do for workers compensation?

Working with an attorney increases your chance of a better outcome and eliminates much of the stress of navigating the workers’ compensation system on your own.

Why do you need a workers compensation attorney?

Another reason to hire a workers’ compensation attorney is that it probably doesn’t cost as much as you think.

Does hiring a workers compensation attorney affect your employment?

Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms.

Can you keep your job if you get injured?

This is determined on a case-by-case basis, and there are many factors that affect whether your employer may allow you to keep your job if you settle your workers’ compensation case.

Is it illegal to discriminate against an employee?

Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case. It’s also important to note that retaliation does not only including firing; being demoted, denied a promotion for which you are otherwise ...

Can you be terminated from a job for workers compensation?

In order to settle your workers’ compensation case, you may be required to resign from your job or you may be terminated as part of the settlement agreement. However, it is important to note that only at this point in time can an injured worker be forced to separate from their employer.

Can an employer retaliate against you for workers comp?

However, by law, your employer is not allowed to retaliate against you for being injured at work, filing a workers’ compensation claim, or hiring an attorney. Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case.