what your lawyer should do for you work comp

4 Crucial Things A Good Workers Comp Lawyer Will Do for You (#2 Is So Important)

1. Develop medical, vocational, and other evidence. One of the most common reasons that workers comp claims are denied...
2. Negotiating and structuring settlements. Your attorney must be able to estimate the true value of your case,...
3. Representing you in a hearing or trial. If you...

Full Answer

What can a lawyer do for a Workers Comp case?

 · 4 Crucial Things A Good Workers Comp Lawyer Will Do for You (#2 Is So Important) 1. Develop medical, vocational, and other evidence. One of the most common reasons that workers comp claims are denied... 2. Negotiating and structuring settlements. Your attorney must be able to estimate the true value ...

Do I need a workers'compensation lawyer?

Do I need a lawyer for a workplace injury?

How to interview a 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...

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 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 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 you sue someone for work related injuries?

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. An experienced lawyer will be able to explain how the law applies to your situation.

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.

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.

1. Gather Evidence to Make Your Case

When making a workers’ comp claim, it’s extremely important that you present sufficient medical evidence that clearly supports your case. Even if your claim is approved, if you don’t present enough evidence, you can face issues when it comes to getting all of the benefits and medical treatment you need.

2. Negotiate A Settlement

Having an attorney on your side can help you estimate the value of your case and ensure that you get the maximum amount of compensation.

3. Take Your Case to Trial

If you can’t reach a fair settlement without a trial, your workers’ comp case will move on to the next level.

4. Make You Aware of All Your Options

A good workers’ comp lawyer won’t just handle your workers’ comp claim. They will also advise you on your other legal options related to your injury.

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.

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 you file a workers comp lawsuit if you are a third party?

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.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.

Has your workers comp claim left you without a leg to stand on?

Lawyers for workers comp do a lot more than just show up in a courtroom.

Guidance

Perhaps the biggest benefit of a workers comp lawyer is the advice and guidance they can give you.

Communication

Another thing you might have noticed about your workers compensation case is that the phone calls and paperwork seem to never end!

Research

When issues and discrepancies derail your workers comp claim, they need to be cleared up before the case can move forward. But the insurance company isn’t going to do all that legwork for you. If your claim is denied or undervalued, it is up to you to collect evidence to support your claim.

Negotiation

Mediation is an important step in many workers comp cases, as it gives both parties the chance to resolve their dispute without having to step inside a courtroom.

Representation

Mediation doesn’t always resolve the issue, however, and the case proceeds to a hearing before a Judge of Compensation Claims.

Protect Your Rights

Above all else, the main job of a workers comp attorney is to protect your rights as an injured employee.

An Attorney Can Ensure Your Claim Is Filed Properly

The workers’ compensation system is filled with deadlines that must be met, paperwork that must be filed, and details that must be included in a claim. Unfortunately, some claims are denied when not filed properly or other procedural rules are not followed.

An Attorney Can Develop Important Evidence

Insufficient evidence—especially medical evidence—is a common reason workers’ compensation claims are denied. A good attorney will understand the importance of collecting and developing evidence that can help you obtain a favorable settlement.

An Attorney Can Negotiate a Favorable Settlement for You

An experienced workers’ compensation attorney will have handled—and settled—many disputes over workers’ compensation benefits. This will give him a good sense of the strengths and weaknesses of your case, and the value of your claim. He will base his determination of your case’s worth on the following:

Why is it important to hire a lawyer for workers comp?

Because workers’ compensation is a specialized area of law, it’s crucial to hire a lawyer who has extensive experiencerepresenting injured workers. When interviewing potential workers’ comp attorneys, ask how many years they’ve been in the business, how many clients they’ve taken on, and what their rate of success is in winning workers’ comp settlements.

How long does it take to settle a workers comp claim?

Unfortunately, there are no one-size-fits-all answers to these questions. Some cases take months to settle, while others take years. Your workers’ comp attorney will be able to give you some idea of what to expect as you move forward together.

Who is liable for an accident?

If someone besides your employer caused the accident or situation that resulted in your injury , they may be liable for their actions. An experienced lawyer can tell you whether you’re eligible to file claims against a third party for additional compensatory damages.

Do workers compensation lawyers get paid?

Always ask about attorney’s fees. Most workers’ compensation lawyers work on contingency – meaning they don’t get paid unless you get paid. Find out upfront what percentage of your settlement they’ll collect when you win.

Do you have to settle a workers comp case before trial?

However, if your claim is denied or your employer refuses to provide the benefits to which you’re entitled, it’s more likely that you’ll have a hearing.

What are the benefits of workers compensation in California?

In California, workers’ compensation provides five basic benefits: medical care, temporary disability, permanent disability, supplemental job displacement, and death benefits. After reviewing the details of your case, your attorney will be able to tell you exactly which benefits you’re entitled to.

Can you get workers compensation if you have an illness?

If you do get a work-related injury or illness, you may be eligible to receive a workers’ compensation settlement. So how do you get the most out of your workers’ compensation settlement?

Who handles workers compensation claims?

Claims administrators handle workers’ compensation claims for the company that insures the employer. They may want to speak with the injured worker to verify details about the cause of the injury and to offer information about the availability of medical treatment.

How much do workers compensation attorneys get paid in California?

That means they don’t get paid unless they negotiate an acceptable settlement or win benefits for you at a hearing. The fee is generally 15% of the value of the settlement or benefits awarded.

Can you sue your employer for work injury?

Workers’ compensation is usually the exclusive remedy for a work injury. That means generally, you cannot sue your employer in court, even if the injury was your employer’s fault. In some cases, however, you may be able to sue a third party in addition to pursuing a workers’ compensation claim.

Why is patience important in workers compensation?

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 a workers comp lawyer advise you on a hearing?

After some time spent negotiating with the claims administrator, your workers’ comp lawyer will be in a better position to advise you whether or not your claim will proceed to a hearing. Most of the time, however, it is possible to work out a fair settlement that avoids the stress and expense of a contested hearing. 8.

Do you have to return to work if you have temporary restrictions?

If your physician allows you to work with temporary restrictions and your employer offers you work that is consistent with those restrictions, you do need to attempt to return to work. That’s true even if you were happier with the work you were doing before you were injured.

Can you say something to a claims administrator?

You need to be careful that you do not say something to the claims administrator that might be misinterpreted in a way that would hurt your case. Getting legal advice before discussing your injury with the claims administrator can help you avoid problems when the time comes to settle your claim.