why do i need workmans comp 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 significantly lower Social Security disability payments.

Full Answer

Why do I need a workers compensation attorney?

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 lawhas a safety net of sort.

When to get a lawyer for a Workers Comp case?

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

How does a workers'comp lawyer get paid?

Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you). This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front.

Do I need a workers’ comp lawyer in Pennsylvania?

Not Sure Whether You Need a Workers’ Comp Lawyer? If you’re confused as to whether or not you even need a lawyer, it’s better to be safe than sorry. The Pennsylvania Workers’ Compensation system is complex.

What does a workers comp attorney do?

Your workers comp attorney will make sure that you are protected from illegal retaliation and that the compensation you receive is based on your medical and financial needs, not the profit-driven motives of your employer and their insurer.

What to do if you get hurt on the job?

If you get hurt on the job, it’s important to let your employer know immediately and seek medical treatment right away. You also need to talk to a qualified workers compensation attorney as soon as possible. Why is this necessary? Why not just let your employer’s insurer pay whatever they think is right? Here’s the reality: Trying to recover workers comp benefits without a lawyer can result in unnecessary delays or even an outright denial. For one thing, the workers comp system is a complex web of regulations that is hard to navigate on your own. Second of all, your employer and their insurance company do not always have your best interests at heart. Let’s take a closer look at why you need a good workers comp lawyer on your side.

What happens if you don't get your weekly benefits?

In this scenario, your attorney will hold your employer’s insurance company accountable so that you receive 100% of the benefits you deserve. Workers comp attorney Randy Alberhasky has the experience needed to assess the facts of your case and advocate for your interests throughout the whole proceeding. He will make sure your claim is handled correctly and that you receive appropriate compensation for medical bills, financial losses and pain and suffering caused by your injuries. If you need help with a workers comp case, contact The Alberhasky Law firm today to set up a free appointment. To learn more about how the workers compensation system works, check out our previous articles: How Does Workers’ Compensation Work in Missouri? What Is Workers Compensation?

Is my relationship with my employer good?

You may feel that your relationship with your employer is good enough that they’ll take care of you in your time of need. But no matter how polite your boss is when talking to you in person, they still have to think about the bottom line and how your claim will cause their insurance premiums to go up.

Is it hard to file a workers compensation claim?

Processing a workers compensation claim involves an overwhelming amount of work and is very difficult to handle by yourself, especially when you need to focus on recovering from your injuries.

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.

What to do if your insurance doesn't agree with your rating?

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.

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.

Is it bad to handle workers compensation?

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.

Can you file a workers comp lawsuit if you are a third party?

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.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What does a workers compensation attorney do?

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.

Why is my workers comp claim denied?

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.

What happens if a subcontractor is responsible for another subcontractor's injury?

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.

What can an attorney do for you?

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.

What can a lawyer do for you?

They can offer legal advice to warn you of possible complications that would require their services. At the very least, it will help you feel more informed and better prepared for dealing with the insurance and employer.

Can a worker's comp attorney appeal a denial?

A Worker’s Comp Attorney Can Appeal a Denial. Many times, a workers’ compensation claim will be denied. The person may have waited too late to file a claim or filed it incorrectly. They may have left out important information, or some other reason caused the denial.

How does a lawyer help you?

If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury. Permanent disability benefits can be very expensive for the insurance company, and it will do everything it can to minimize your disability rating (the measure of your long-term limitations). Insurance companies usually have high-powered lawyers working for them; having an experienced lawyer on your side will level the playing field.

How to appeal workers comp claim?

However, the appeals process can be complicated. It involves tight deadlines, formal paperwork, and detailed knowledge of substantive and procedural rules . An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you prepare for the workers' comp hearing, highlighting the strengths of your case with supporting evidence, and questioning witnesses effectively. A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a certain rule, meet a deadline, or submit a particular document.

What to do if your workers comp is denied?

You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision. Unfortunately, some workers take the denial at face value and miss out on the benefits they're entitled to receive.

What happens when an insurance company puts up a fight?

When the insurance company puts up a fight, you could face tactical delays, demands for independent medical exams, or low-ball settlement offers. An experienced workers’ comp lawyer will know how to deal with these types of insurance defense tactics and can help you get your medical expenses covered and receive a fair settlement or award.

What to do after a workplace injury?

After a workplace injury, your top priority is probably getting paid for your medical bills and lost wages as quickly as possible. Sometimes, hiring a workers’ compensation lawyer is the best way to make this happen. Other times, you may be able to handle the case on your own successfully, particularly if you had a minor injury, your employer acknowledges that it happened on the job, you didn't miss much work, and you don't have any complicating medical issues like preexisting conditions.

Does having a lawyer help with insurance?

With an attorney in the picture, the insurance company will be more motivated to negotiate, and your lawyer will be able to evaluate whether you should accept the settlement offer.

Can You Afford a Workers' Comp Lawyer?

Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you). This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front. According to our survey of readers with workers' comp claims, workers' comp attorneys charge an average of 15 percent of their clients' award or settlement.