Signs You Should Get a Workers Comp Lawyer How your company, or more importantly, its insurance carrier, handles your case will determine whether it’s in your best interest to get a lawyer. Here are 10 signs you need a workers comp attorney on your case.
Or, you can ask an attorney for their expert opinion with a free consultation. Contact an Attorney More About Lawyers Lawyer When to Hire a Workers Comp Lawyer Get a Free Claim Evaluation
If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.
Your employer drags its feet with your claim – If you’re injured on the job, you should immediately notify your employer and start the reporting process. The company must provide you with the proper paperwork, report your case to the state workers comp board and file a claim with its insurance carrier.
The 5 Most Common Workers' Compensation InjuriesStrains (30.06% of workers' compensation claims)Contusions (20.83% of claims)Lacerations (11.79% of claims)Sprains (8.85% of claims)Punctures (5.50% of claims)
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.
“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 ...
Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.
But the most important thing for you is to recover your health. You want an attorney who will make sure you get the best medical care possible. They will help you find a doctor who doesn’t always side with the insurance company but who will take your injury seriously and make sure you get the treatment you need. Find an attorney who is willing to stand up to the insurance company if they try to deny those treatments.
Your lawyer should work in a firm that has a long and successful history of helping injured workers gain the benefits to which they are entitled. Don’t be afraid to ask the attorney for the names of several other people they have represented successfully who can tell you a little bit more about their experiences with that lawyer.
By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.
In workers compensation law, then, timeliness is pivotal. As every investigator knows, an inverse relationship exists between the value of evidence and the time it is collected. That is, the longer you wait, the less it is worth.
Employers, who despise the knock-on effects of higher premiums associated with claims, will attempt to dissuade workers from filing a workers comp claim “even when they’ve had a legitimate on-the-job accident, ” she says.
You are permanently disabled, either totally or in part, and the insurer resists your rating. Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal.
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.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
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.
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.
If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.
They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.