when to get a workmans comp lawyer

by Kaylin O'Conner DVM 8 min read

But it's essential to hire a workers' comp lawyer if any of the following apply to you:

  • Your employer disputes your workers' comp claim.
  • Your claim isn't strongly supported by medical evidence.
  • Your claim is high value or you've suffered permanent or life-altering injuries.
  • You've been offered a settlement and don't know whether to accept it.
  • Your claim has been denied and you need to appeal.

Full Answer

When should I hire a workers' compensation attorney?

As noted above, this is an instance when a small business might consider hiring its own workers’ comp lawyer to negotiate the decision. Compare workers’ comp insurance quotes with Insureon. Complete Insureon’s online workers’ comp application today to compare insurance quotes from top-rated U.S. carriers. Once you find the right policy for your small business, you can begin …

When do you really need workers compensation attorney?

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 …

Should I hire a workers' comp attorney?

Jan 22, 2020 · Having a Workers’ Comp Lawyer On Your Side. If a workplace injury has forced you to miss out on earning potential or contributed to significant medical bills, call a workers’ compensation attorney. Work injuries can lead to lifelong ailments and company insurance policies are designed to protect you…but that doesn’t mean the insurance companies are …

How to find a good workers' compensation lawyer?

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. If your settlement isn't structured properly, your workers' comp benefits could …

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 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.

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.

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:

What happens if you file a petition for benefits?

If you have filed a Petition for Benefits and you cannot resolve the issues that are disputed (and the insurance company refuses to settle with you), you will be heading to a final hearing, in which case you’ll need a staunch advocate to present your case.

Can preexisting conditions affect workers comp?

Much like you’ve heard relating to health insurance, preexisting conditions can severely impact workers’ comp claims . You’ll have to fight much harder to prove your injury was work-related when the affected body part has already been documented as injured or problematic.

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 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?

You were injured because of a third party's actions or your employer's serious misconduct conduct. The workers' comp system was designed to prevent civil lawsuits 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 ...

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.

Can an employer deny workers comp?

Your employer denies your claim or doesn't pay your benefits promptly. Employers and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct.

When Would I Need a Workers Comp Lawyer?

There are multiple situations that require a workers comp lawyer. Here are just a few:

In Some Cases, You May Not Need a Workers Comp Lawyer

Not all claims require an attorney. However, any added level of complexity makes consulting one a smart move. They’ll help you recover the compensation you deserve and structure an ideal benefit plan. Doing so will allow you to rest and recover, so you can return to work as soon as possible.

You May Qualify for Free Legal Assistance With Your Claim

We can match you with an experienced workers’ compensation attorney for free, confidential advice. Maybe you want a second, unbiased opinion about your case. Or perhaps you need someone to help you during the appeals process. Either way, an experienced workers comp lawyer is always your best option.

How long does it take to file a workers compensation claim in New York?

New York, for example, requires reports to be filed within 30 days.

What is workers comp?

These terms all mean the same thing and help protect workers from potentially devastating costs of work-related injuries. It also helps protect employers from potential damages that could cripple a business based on workers’ comp claims.

Why is it important to understand workers compensation laws?

It is important to understand workers’ compensation laws in your state as both an employer and an employee. Workers’ compensation insurance can help protect your business and employees in events including falling on ice, injuries while moving office furniture, car accidents following client visits, and more.

What is workers compensation?

What Is Workers’ Compensation? Workers' compensation insurance helps protect businesses and their employees from financial loss when an employee is hurt on the job or gets sick from a work-related cause. Workers’ compensation is also known as workman’s comp, workman’s compensation, and workers’ comp. These terms all mean the same thing and help ...

Do employers have to pay for workers compensation?

Employers who do not pay for benefits typically purchase workers’ compensation insurance to cover the benefits for employees. Most states require businesses to carry workers’ compensation insurance with the exception of Texas and New Jersey. In those states, coverage is elective. Employees are not responsible for paying for workers’ compensation ...

Why do employees get injured?

The employee gets injured because of job-related duties. If the employee gets hurt in the workplace. Make sure your employee gets the proper medical treatment if they’re injured on the job. If you need to, call the ambulance or take them to the emergency room.

How long does it take to file a claim in New York?

New York, for example, requires reports to be filed within 30 days. If you're filing a claim with The Hartford, our team of experts can help you every step of the way. You can file a claim online or call us at 800-327-3636.