what kind of information will your workers compensation lawyer need from you

by Raphael Hodkiewicz 10 min read

When you meet with a workers’ compensation lawyer, it is important to provide your attorney with background information so they can get started on your claim. A workers’ compensation lawyer will want to know important information related to your job, the cause of your accident, and your injuries and treatment.

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

Nov 11, 2020 · What kind of information does a workers’ compensation lawyer need from you? When you meet with a workers’ compensation lawyer, it is important to provide your attorney with background information so they can get started on your claim. A workers’ compensation lawyer will want to know important information related to your job, the cause of your accident, and …

What medical records do I need to receive workers’ compensation?

Jul 06, 2020 · Here are the 10 things you should tell your St. Louis workers’ compensation lawyer before and during your claim. Detailed Description of Your Employment. Your lawyer should know for how long you have been working for your employer, what kind of contract you have, and if you are part of a union.

What should I tell my doctor about my workers’ compensation case?

May 22, 2017 · Patience is important, because you do not want to settle a claim until you know all the facts that you will need to maximize your settlement. A workers’ compensation attorney in Santa Rosa can help you decide when the time is right to settle. 9. Can I bring a lawsuit? Workers’ compensation is usually the exclusive remedy for a work injury.

Can I represent myself in a Workers Comp case for free?

Nov 11, 2019 · The lawyer you hire for your workers’ compensation case can make a big difference in getting you the benefits you deserve. Once you’ve gone through the process of finding and researching workers’ comp attorneys, the next step will be to set up meetings with the lawyers you’re considering.Most workers’ comp lawyers don’t charge for initial consultations, …

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Gather Your Information

You should be ready with a brief summary of what has happened in your case so far. Lawyers like to go through events chronologically, so it will help to create a short timeline of the events, including:

Bring the Right Documents

You should also collect documents and other relevant information to bring to your meeting, including:

Prepare a List of Questions to Ask Your Workers' Comp Lawyer

Initial consultations are also an opportunity for you to evaluate whether you want to hire a lawyer. You’ll want to get a feel for whether attorneys you're meeting have the time and experience to handle your case, and whether they’re the best fit for you.

What happens if you can't work after an accident?

If you are unable to work after the accident, you will still need money to pay the bills. Worker’s compensation will pay up to a certain amount of your regular pay.

What to do after a sprain?

After an injury, you will need to see a doctor. You may be taken to the emergency room or told to follow up with a family doctor. If your injuries are serious, there may even be a hospital stay involved.

Do employers want accidents on their record?

Not only do they value their employees, but they also do not want expensive accidents on their record.

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 ...

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.

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 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.

Who hears workers compensation cases?

Sometimes, the case will need to be heard by a judge, who may order an unwilling insurance company to accept a claim and pay for medical treatment and lost wages. Judges make this decision based on the contents of medical records. Thus, at all stages of a workers’ compensation case, the contents of the medical records are very important.

What happens if an insurance company denies a claim?

If the insurance company denies the claim at first, it may later decide to accept the claim as more medical records become available, so long as the additional records contain the necessary language. If a workers’ claim is denied and the worker needs to bring a formal case against the insurance company, which is best done with the help ...

What happens if you don't see a doctor?

If the injured worker does not see a doctor, there will not be any medical documentation. Usually, when an injured worker first goes to the doctor after an injury, he or she will have a conversation with the doctor about how the worker’s symptoms began.

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.

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.

How to file a workers compensation claim?

A lawyer will do the following to help you get started with your claim: 1 Collect details of the incident and document everything 2 Ensure you see a medical care provider 3 Notify the employer 4 Help you navigate the required Independent Medical Examination (IME) to eliminate the possibility of your employer disputing your claim. 5 Respond to the employer or workers’ compensation insurance adjuster with requests for more information 6 Ensure all actions take place in a timely manner

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.

Can you file a claim against a third party?

However, there is one situation where they may be able to file a claim against a third party . This situation occurs when someone other than the employer is at fault for the injury which occurred at work. You will most often see this situation when multiple vendors or contractors are working on the same job site.

Can you have a pre-existing condition?

You don’t have a pre-existing condition which can complicate matters. Although one or more of these scenarios might describe your situation, you may want to contact an attorney for a free evaluation. They can offer legal advice to warn you of possible complications that would require their services.

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