If you’ve been injured at work, then you may consider getting a workers comp lawyer. But before you do so, realize that there are times when it is possible to represent yourself. If your workplace injury is minor or your employer admits it’s work-related, then you probably don’t need an attorney.
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Even in these relatively uncomplicated situations, it's often a good idea to contact a workers' compensation attorney for a free consultation about your case. The lawyer can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own.
When You Should Get a Lawyer for Workers Compensation As soon as you decide to contest the settlement decision. At that point, workers compensation can quickly turn into a legal jungle of paperwork, deadlines, depositions and evidence gathering. It’s easy to get lost if you don’t know what you’re doing. What an Attorney Will Do for You
Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states. (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)
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.
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...
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...
The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostl...
With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .
An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.
One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.
If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.
In Pennsylvania, you can be offered a lump sum settlement for your injury. Before you accept this payment, you want to know if it’s fair. An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement. 2.
Here are some scenarios where an attorney is usually not necessary: The workplace injury was minor with no complications, such as a minor cut. You missed no work or were only off a few hours or a day at the most. Your employer acknowledges the incident that happened at work.
An Attorney Can Determine Third Party Liability. In most cases, an injured worker has only one option: they can file a workers’ compensation claim against the employer. However, there is one situation where they may be able to file a claim against a third party.
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.
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.
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.
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.
Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.
Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.
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.
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.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
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.
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.
However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.
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.
Often times, injured workers wait too long to contact a personal injury attorney after an incident.
When you have a workers’ compensation hearing: If an insurance company offers the worker an unsatisfactory settlement, or simply refuses to settle, the worker must prove his or her case at a hearing.
When the insurance company refuses to pay a medical bill or approve a necessary procedure: After the insurance company has obtained the “quality medical assessment, ” it may refuse to pay certain medical bills for any number of reasons (e.g. the date of the treatment).
The process of calculating this average weekly wage is complicated, and requires multiple factors to be considered, such as overtime, bonuses, commission, etc. There are multiple variables that the insurance company can factor incorrectly, resulting in the worker being paid less than he or she rightfully deserves.
California Workers Compensation Laws are Time-Sensitive. In California, an injured worker has 30 days to provide written notice to an employer of their work-related injury. After the notice has been submitted, the employer must give the worker a claim form within one day of receipt. Injured workers can receive a variety of benefits, ...
California’s workers’ compensation laws are complicated and constantly changing. DLG can provide you with the most current information available, applying relevant laws to design a personal analysis that will produce a strategy to help you recover the largest possible benefits and awards package.
Employers in California are required to provide workers’ compensation to all employees, with a few exceptions. Additionally, an employer must provide the injured worker with a claim form and authorize medical treatment up to $10,000 throughout the pending claim.
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 .)
Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states.
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.
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.
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.
You're likely to get a much higher settlement offer when a lawyer is involved. Lawyers understand the law, know how to negotiate, and can use various tools to build up your case. Because of this, you will probably receive more in benefits if you hire a lawyer, even after the lawyer takes his or her fee.
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.
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.
In workers compensation law, then, timeliness is pivotal. As every investigator knows, an inverse relationship exists between the value of evidence and the time it is collected. That is, the longer you wait, the less it is worth.
Employers, who despise the knock-on effects of higher premiums associated with claims, will attempt to dissuade workers from filing a workers comp claim “even when they’ve had a legitimate on-the-job accident, ” she says.
You are permanently disabled, either totally or in part, and the insurer resists your rating. Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal.
As mentioned above, the workers’ compensation system is intended to avoid litigation. As a no-fault system, liability is not assigned to the employer or employee provided that the injury or condition occurred in the course of the employee’s regular work functions and was not a result of willful negligence on the part of the employee.
If your employer’s insurance denies your workers’ compensation claim or offers to pay you less in benefits than you need for your injuries, you have several options to continue pursuing the benefits you deserve:
If you dispute the decision of the insurance company, you can petition the court for an administrative hearing to argue your case. Hearings are held before a judge in Nebraska Workers’ Compensation Court.
You should report your injury regardless of how serious you believe it is; until you see a doctor, you won’t know about potential long-term ramifications.
If you find yourself needing a workmans comp attorney to defend you against an employee’s claim, ask for recommendations. As a business owner, you likely have made connections with other industry leaders. Many of those professionals have been in similar circumstances and may have advice on workers’ compensation lawyers.
Additionally, search for a workmans comp attorney online if you cannot get any decent recommendations. There are numerous websites and databases dedicated solely to connecting clients with legal counsel. However, do your due diligence and get more information on a lawyer before deciding to use their services.
You want to find a workmans comp attorney who has represented clients similar to you as well. Regardless of their qualifications, you need a lawyer who has experience trying cases in your particular industry. This is because your lawyer needs to be familiar with industry terminology and practices.
While experience trying similar cases is important, you also want to select a workmans comp attorney with a good track record. Just because they tried similar cases, that does not mean they won them. Find a lawyer who has proven they have what it takes to win a suit.
Finally, when you are looking to hire a workers comp attorney to defend you, choose a lawyer you feel confident in. While their resume may be outstanding, you do not want to hire a lawyer who you do not trust. Find an attorney who inspires confidence and respects your concerns. For them, this case is just another day on the job.