when should i seek a workers comp lawyer

by Dr. Leanna Hagenes 4 min read

The best time to hire a workers’ compensation attorney is immediately after you get injured. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.

When Should You Hire a Workers' Comp Attorney? The best time to hire a workers' compensation attorney is immediately after you get injured. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.

Full Answer

When should I hire a workers' compensation attorney?

Jan 14, 2021 · Depending on your damages, wounds, or disease, as well as your claim, it might be possible for you to represent yourself in a workers’ comp case. However, as soon as a problem arises, you should immediately call your lawyer, especially since they’ll assist you with getting just compensation for the damages you sustained.

When do you really need workers compensation attorney?

Hurt on the job? Thinking workers compensation will make everything right again — no muss, no fuss? Better think again. 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.

Should I hire a workers' comp attorney?

There isn’t a definitive moment after a work injury that signals when you need a lawyer for workers’ compensation. However, you should make an initial call after your personal injury so that a lawyer can help determine your best course of action. An initial case evaluation can help you determine when to get a workers’ comp lawyer, and whether you should wait or perhaps even …

How to find a good workers' compensation lawyer?

It’s always best to hire a workers compensation lawyer immediately following at at-work injury, to avoid critical problems that usually arise within the first few weeks. Below are some frequently asked questions on getting help from Michigan workers comp lawyers. To speak with an attorney now, call us at (855) 221-2667.

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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.

If Your Boss Denies You Payment

First of all, it’s worth mentioning that you should call your lawyer as soon as a problem comes up with your situation, such as the instance if your boss refuses your claim and doesn’t want to pay your privileges.

If The Injury Enables You to Function Normally

Now, if the damages and wounds you sustained stop you from going back to your job, if they restrict what you could do, if they completely hinder you from working again, or if you experienced a permanent disability, you’ll probably be eligible for weekly payments or one large payment that will cover all the lost wages.

If You Wish to Appeal For Disability Perks

If you’re planning on applying and receiving inability privileges, you must be careful with every single step that you take. For example, if the settlement isn’t written properly, the workers’ comp privileges could exponentially lower the payments you’ll receive for your disability.

If Your Boss Creates Problems

There is a wide range of examples of an employer retaliating against their employees for registering a claim. For instance, if they fire you, give you a worse position, reduce your business hours or salary, or if they simply discriminate against you because you registered a claim, your only option will be to contact a lawyer as soon as you can.

When Can I Represent Myself?

Before we conclude this article, it’s worth mentioning in which instances you could represent yourself. For starters, if you sustained a lesser injury including a sprained joint or a wound that had to be stitched, you could choose to represent yourself since these are some of the most common workers’ comp cases.

Conclusion

Depending on your damages, wounds, or disease, as well as your claim, it might be possible for you to represent yourself in a workers’ comp case. However, as soon as a problem arises, you should immediately call your lawyer, especially since they’ll assist you with getting just compensation for the damages you sustained.

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.

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