when to get a lawyer for work injury

When a Lawyer is Generally Necessary

• When your claim is denied
• If your permanent disability rating is disputed
• You have a pre-existing condition
• You’re having difficulty getting the treatment you need
• Your ability to work has been impacted

Full Answer

Do I need a lawyer for a work injury claim?

Whether you were attacked by a coworker, a customer, or an animal, you should talk to a lawyer if you were on the job when the assault occurred. Even if your injury occurred after work hours, you might still be able to receive compensation. Unfortunately, many types of jobs put employees in situations where stress or anger can get out of control.

When to get a lawyer for a Workers Comp case?

It is always important to call a lawyer about your accident as soon as possible after the event has occurred, especially if any of the following conditions apply. If any of these apply, you may need a lawyer 1. Broken bones, hospital stay, long-term health affected 2. …

Why should I hire a work accident lawyer?

This means that workplace injury lawyers are routinely able to help workers collect benefits and other compensation for injuries such as: Broken and Dislocated Bones Burns Concussions and Other Traumatic Brain Injuries (TBI) Herniated Discs (Slipped Discs) Industrial Injuries Lacerations and Contusions (Cuts and Bruises) Loss of Limbs and Digits

Do I need a lawyer for a workers’ compensation hearing?

Contact a Personal Injury Lawyer at VanDerGinst Law Today. If you’ve been hurt at work, VanDerGinst Law would be honored to help you with a workers’ compensation claim. The consultation is free and there is never a fee unless we win. If you suffered an injury in Iowa or Illinois, contact VanDerGinst Law, P.C. at 800-797-5391 or send us an online message. The law …

Who is Eligible to File a Workers’ Compensation Claim?

Most employees who get injured at work are eligible to file workers’ compensation claims. If you work for a company, receive a regular paycheck, an...

Do I Need a Workplace Injury Lawyer to File a Workers’ Compensation Claim?

While you don’t technically need a workplace injury lawyer to file a workers’ compensation claim, hiring a lawyer is strongly recommended. Why? Fir...

Are Workplace Injury Lawyers Free?

Workplace injury lawyers are not free, but they work on a contingency-fee basis. This means that you don’t have to pay anything out of pocket for a...

Should Injured Workers Always Hire Workplace Injury Lawyers?

Yes, if you’ve been injured on the job, you have no reason not to hire a lawyer to help you. Even taking your lawyer’s contingency fees into accoun...

How Can I Find a Lawyer Near Me Who Handles Workplace Injuries?

You can find a local lawyer who handles workplace injury claims through WorkInjurySource.com. We help injured workers connect with local workplace...

What are the Risks if I Don’t Hire a Lawyer for My Workers’ Compensation Claim?

If you don’t hire a lawyer for your workers’ compensation claim, the risks are: (i) you won’t receive the full benefits you deserve, and (ii) you m...

What if My Employer Fails to Provide Worker's Compensation?

If you are injured on the job and your employer fails to provide worker's compensation, you may be able to file a claim against your employer for n...

What Should I Do if I am Injured at My Job?

If you are on the job at your place of work when the injury occurs, you need to file a worker’s compensation Initial Report of Injury immediately....

What Should I Do if I Was Injured While Driving On the Job?

If you are in an automobile accident while on the clock for your employer, you need to take several steps to protect yourself:Call the police and f...

What if I Was Injured on Third-Party Property?

If you are on a third-party commercial property such as a grocery store, job site, gym, office, or any other place of business owned by someone oth...

Should I Seek Medical Attention if Injured on my Job?

Regardless of where you are injured, seeking appropriate medical care for your injuries should be the first thing on your mind. Call an ambulance i...

What Evidence Should I Document After a Work Injury?

If you are physically able and it is safe to do so, you should document the condition that caused your injury and the accident scene with photos. G...

What Are the Duties of My Employer If I Was Injured on the Job?

As a general rule, your employer has a duty under Texas common law to keep the workplace safe and free from accidental injuries. This includes a du...

What is a Worker's Compensation Third-Party Claim?

When an injury is caused by someone who is not your employer or co-worker, you are still entitled to recover all of the damages you have suffered f...

Can I Be Fired for Hiring an On-the-Job Accident Attorney?

The Texas Labor Code section 451.001 specifically prohibits an employer from firing an employee for hiring an attorney to pursue a work injury clai...

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.

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.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, ...

What is work related accident?

Work-related accidents are defined as any injury, illness, or condition you experience during your employment with a company, and related to your job duties and tasks while at work. These injuries are further categorized into physical injuries, occupational illnesses, and repetitive stress injuries. If you’re wondering what is considered ...

What are some examples of injuries?

For example, hurting their back while lifting heavy items or falling off a ladder. Injuries caused by other people’s actions. For example, being hit by machinery on a construction site. General workplace accidents.

What are the most common workplace accidents?

The most common workplace accidents are physical accidents. These can be: 1 Injuries resulting from a staff member’s personal work. For example, hurting their back while lifting heavy items or falling off a ladder. 2 Injuries caused by other people’s actions. For example, being hit by machinery on a construction site. 3 General workplace accidents. For example, tripping over an item and twisting an ankle.

Is a car accident covered by workers comp?

Many staff members wonder if an accident, such as a car accident, that occurs on the way to or from work counts as a work-related injury. Often, injuries that occur while driving to or from work are not covered by workers’ comp. However, there are a few exceptions. If you were in the scope of employment during driving, ...

What is work environment?

The work environment includes both physical spots and the equipment or materials used by a staff member during their course of work. A work injury is an accident that occurs while someone is doing something on behalf of their employer. Most injuries counted as work-related are those that happen in the workplace.

What is the most common repetitive stress injury?

One of the most common repetitive stress injuries is carpal tunnel syndrome. RSIs occur across all occupations and industries. If your work role is physical and requires you to continually bend over, carry heavy objects, scan items, or move in a particular way, you may be more likely to develop an RSI.

Can you get asthma from working in a factory?

For example, if you work in a hospital, you may contract a contagious disease or illness. If you work in a factory, conditions like asthma, COPD, or asbestosis resulting from dust or fumes can lead to occupational illness and disease. Such conditions can develop immediately or gradually with years of exposure.

What to do when you have an injury?

Taking care of the injury is the most important thing for you to do – even if you’re unsure whether you’ve actually been injured or not. Once your injury has been stabilized, it will be in your best interest to speak to an attorney. (See when to walk and when to run to a lawyer .)

What happens if you have a long term injury?

If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.

What to do after an accident?

When you have been injured in any type of accident, you should immediately seek medical care for your injuries. It does not matter if it is a vehicle accident, slip and fall, or work accident. Taking care of the injury is the most important thing for you to do – even if you’re unsure whether ...

Can a spouse sue for wrongful death?

In most cases, direct family members, spouse and dependent children qualify for wrongful death. However, there are some instances where parents of minor children who died in an accident or as a result of an injury can sue for wrongful death.

What happens when you get injured in an accident?

When serious injuries occur as the result of an accident, you may be facing extended medical care or even life-time care. The cost for this type of medical care will be very high.

What happens if a family member dies in an accident?

If the accident resulted in the death of your family member, you may have certain rights under the law to seek compensation for wrongful death. You will need to speak with an attorney to see if you qualify for this type of case under the laws of your state.

Can you get compensation for a long term injury?

Even if your injuries are not life threatening or long term, the medical costs associated with treating your injuries may be expensive. It is your right to seek compensation for these costs.

What to do if you have been injured on the job?

If you have been injured on the job, don’t just become another statistic. Stand up for your legal rights, and hire an experienced work accident attorney and to help you. Not only do you have every right to seek legal representation, but you also have every reason to do so.

What is a work injury case?

Most work injury cases involve claims for workers’ compensation benefits. If you have a workers’ comp claim, you are going to want to choose a lawyer who has specific experience dealing with the workers’ compensation laws in your state.

How many people get injured on the job each year?

According to data from the U.S. Bureau of Labor Statistics (BLS), close to three percent of full-time workers get injured on the job each year.

Can you get disability if you are injured?

If your pain or the physical limitations caused by your injury or illness make it difficult (or impossible) for you to work, then you may be entitled to compensation above and beyond your medical expenses. In order to recover maximum disability benefits (and potentially other compensation as well), you will need to hire a work accident attorney to handle your claim (s) on your behalf.

Can minor injuries be considered workers compensation?

Minor injuries that do not require medical treatment often won’t be enough to support a claim for workers’ compensation benefits, much less personal injury damages. But, if you need medical treatment in order to recover, then your medical expenses and other losses could be substantial.

How to make informed decisions about a lawyer?

The easiest way to do this is by reading reviews and testimonials online. Just be aware that law firms will typically pick and choose the reviews and testimonials they post on their websites, while third-party sites are more likely to provide a less-biased view.

Do injured workers get compensation?

Many injured workers are entitled to significant financial compensation for their injuries. When you hire an attorney to help you, your attorney will accurately calculate the full compensation you are entitled to recover.

What is the phone number for a Houston work injury lawyer?

Put A Houston Work Injury Attorney On the Job for You! Injured at work? Call (713) 932-0777 today to speak with a work injury lawyer at Simmons and Fletcher, P.C. Consultations are free, and you pay nothing unless we win your case!

What to do if you are injured by someone else's negligence?

If you were injured due to the negligence of someone other than your employer, you have the right to pursue a third-party claim against them. Call us for a free consultation at (800) 298-0111 to speak to a work injury attorney regarding your rights.

Who is Simmons and Fletcher?

With combined professional experience of more than 100 years practicing law, Simmons and Fletcher, P.C., is a law firm you can trust to provide you comprehensive legal representation.

Who is Paul Cannon?

He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2005. He has earned recognition as a Super Lawyer by Thompson Reuters in 2017-2020, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association 2017-2020. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give educational talks and media interviews regarding personal injury law issues.

What is the duty of OSHA?

This includes a duty to provide the right equipment and safety equipment to get the job done safely. In addition to the state regulation of workplace injuries, Federal organizations such as the Occupational Safety and Health Administration (OSHA) impose standards upon employers to provide a safe workplace to employees.

Can you sue someone for a worker's compensation claim?

If you have suffered an on the job injury and your employer carries no worker’s compensation insurance or fake worker’s compensation insurance, you have the right to sue them directly for all of your pain and suffering/medical bills and other damages caused by their negligence.

What is crane accident?

In addition to accounting for the laws and rules that pertain to different types of injuries, a work injury lawyer must account for the different laws that apply when an employer provides worker’s compensation insurance, other “fake comp” insurance, or no insurance at all to his employees.

How long do you have to report an injury to your employer?

Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident.

What causes an injury on the job?

Sometimes your on-the-job injury might have been caused by the negligence of a third party. Depending on the circumstances, this other person or entity may be a designer or manufacturer of a defective piece of equipment or perhaps the driver of a delivery truck.

What are the rights of workers compensation?

Generally speaking, however, there are a number of legal rights that are common across most states: 1 you have the right to file a claim for your injury or illness in workers compensation court or the state industrial court 2 you have the right to see a doctor and to pursue medical treatment 3 if you are released to return to work by your physician, you have the right to return to your job 4 if you are unable to return to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation 5 if you disagree with any decision by your employer, the employer's insurance company, or the workers' compensation court, you generally have the right to appeal that decision, and 6 you have the right to be represented by a lawyer throughout the process.

What rights do you have when you are injured?

Generally speaking, however, there are a number of legal rights that are common across most states: you have the right to see a doctor and to pursue medical treatment.

Can you be injured on the job?

Occasionally, however, employees can still be injured on the job even when every effort has been made to make a workplace safe. These injuries may include everything from broken bones, aggravations of pre-existing conditions, occupational illnesses, even psychological injuries.

What is third party claim?

If you are injured while at work due to the negligence of another party, you may have the right to bring a claim against that person or entity. These are known as "third party claims.". Typically, these claims are not filed in the workers' compensation universe.

Do employers have to provide a safe work environment?

Employers in every state are required to provide to their employees a reasonably safe and healthy work environment. Sometimes employers fail to fulfill this duty, and employees are injured as a result. Occasionally, however, employees can still be injured on the job even when every effort has been made to make a workplace safe.

How long do you have to report an injury to your employer?

In many states, a worker must report a workplace injury to his or her employer within 30 days of the accident.

How long does it take to get a workers compensation appeal?

Generally, though, after evidence is presented and testimony is heard, a judge will typically make a decision within 30 days. Alternative solutions may be available through mediation to settle workers’ compensation disputes.

Why do doctors work with insurance companies?

Assigned doctors can work in tandem with insurance companies to protect the financial interests of both parties, sometimes by denying the existence of an injury or wrongfully clearing an employee to return to work.

What is an IME in workers compensation?

To receive workers’ compensation, injured workers must submit to an independent medical examination or insurance medical exam. An IME, in theory, clarifies the worker’s medical condition and determines if the injury was caused by work-related activity.

What happens if a worker's compensation claim is denied?

If a worker’s claim is denied, they have a right to appeal the denial of benefits. Once an employee receives the denial, they can file a petition with a workers’ compensation appeals board in their state. The process varies by state.

Is past performance an indication of future success?

Results are not guaranteed. Past performance is not an indication of future success. However, it doesn’t always work like that. Insurance companies or employers sometimes try to deny and/or minimize the benefits paid out to employees injured on the job.

Do you need an attorney for workers comp?

Although an injured worker isn’t required to have an attorney at the hearing, it is often advisable. An experienced workers’ compensation attorney will know what to expect and how to better address situations that may arise during proceedings.

What Is The Work Environment?

• Whether or not accidents and illnesses are caused by something in the work environment is crucial to understanding whether an injury is work-related. It’s important to know what the Occupational Safety and Health Administrationconsiders to be the work environment in order to sidestep record-keeping mistakes. The OSHA considers the work environment to be an establis…

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Now You Know What Is Considered A Work Related Injury