when should i get a workers comp lawyer

When do I need a workers comp attorney?

• Your claim is disputed by your employer or insurer
• You claim is denied
• Settlement does not cover medical bills and expenses
• You experience retaliation from your employer
• Other benefits interfere with your workers compensation settlement
• You have a potential tort claim against third party

Full Answer

When should I hire a workers' compensation attorney?

An employee can appeal your insurer’s decision when a workers’ comp claim is rejected. In that case, the employer’s insurance provider will likely appoint an attorney for you. Your employee rejects their right to benefits When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state.

When do you really need workers compensation attorney?

The best time to seek legal representation following a work-related injury is … immediately. “With comp,” says Sarah Raaymakers, a top-rated Tampa plaintiff’s attorney, “it’s not a question of whether there’s going to a problem. It’s a question of when there’s going to be a problem. … Because there always is.”

Should I hire a workers' comp attorney?

How to find a good workers' compensation 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 don'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.

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.

Do I need a workers compensation lawyer?

Many workers will need to—or can benefit greatly from—hiring a workers' compensation lawyer. In very few cases, an employee who suffers an injury at work can make a claim outside of workers' compensation, and a personal injury lawyer would be appropriate.

Can a sprained ankle be permanent?

don't result in permanent injuries. For example, suppose you sprained your ankle after you slipped on some water in the break room. Your doctor ordered you to ice your ankle, take pain relievers, and stay on bed rest for a few days.

Can you reduce your Social Security benefits?

You're receiving other government benefits. If you're receiving Social Security Disability Insurance (SSDI) benefits, these benefits may be reduced if you receive workers' compensation benefits. A lawyer can help you minimize how much your SSDI benefits will be reduced.

Do I need an attorney for an injured worker?

Not every injured worker will need to hire an attorney. After all, the workers' compensation system is an administrative process designed to be relatively easy for workers to navigate. If you have a straightforward claim that is not being disputed by your employer or its insurance company, you can probably handle your own claim.

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.

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.

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:

How long does a workers comp claim last?

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.

How to appeal a medical claim?

Here are a few situations that warrant contacting a lawyer: 1 Your claim is denied. Did you file too late? Does your injury or illness fall into a gray area? Your appeal likely will involve formal paperwork, proper evidence-gathering, and a hearing. 2 You sense your employer is hostile to your claim, demonstrated by overt or even subtle retaliation. 3 You have a significant pre-existing condition or disability. 4 You are permanently disabled, either totally or in part, and the insurer resists your rating. 5 Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal. 6 Your work-related medical issues prevent you from returning to your prior job, or limit what you can do at work. 7 You receive, or intend to apply for, Social Security disability benefits. 8 You were injured, or sickened, as a result of a third party’s actions or your employer’s serious misconduct. Was a piece of leased equipment involved? Or equipment maintained by an outside vendor? You may have grounds for a liability suit in parallel with your workers compensation claim.