why is my employer retaining a lawyer on workers compensation

Although not common, employees sometimes hire workers’ comp lawyers to guide them through the claims process. Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

Full Answer

Why hire a lawyer for a workers’ compensation claim?

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, a lawyer can argue the penalties are unwarranted.

Should I talk to a workers comp lawyer after a work injury?

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.

What does a lawyer do for an employee?

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.

Do you know the difference between a workers’ comp attorney and lawyer?

Read on for tips on recognizing the difference. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers).

How long do most workers comp cases last?

This range can be three to seven years. That said, there is not usually a limit on permanent disability benefits. However, some states do stop weekly benefits when employees reach the age of 65.

Can an employee be expected to resign their position as part of a workmans comp settlement in FL?

Since settling a Florida workers' compensation case means the employee is giving up all rights to future medical care from the insurer, many workers are required to resign their current positions as part of the settlement. This mandate varies depending on the insurer's and employer's policies.

What is the root cause of workers comp disputes?

Their top identified root causes were: Continuous Trauma / Repetitive Strain. Carelessness. Third-Party Causation (suspects with police injuries) Third-Party Causation.

Is a settlement agreement a Resignation?

A settlement agreement is only valid once you've had advice from a qualified lawyer. The settlement agreement will include a date for the termination of your employment. Once it has been signed by all parties, your employment will come to an end on the agreed date without the need for a resignation or dismissal.

What happens after MMI in Florida?

What Happens After I Reach Maximum Medical Improvement (MMI)? If you have been injured at work, under workers compensation regulations, your employer is obligated to provide free medical care plus weekly wage loss benefits until you can return to your job.

What are some reasons in which services might not be provided under workers compensation?

Common Reasons for Denial of Workers' Comp ClaimsMissed deadlines. In order to receive workers' comp benefits, you must report your injury or illness to your employer right away. ... Disputes about whether injury is work-related. ... Your condition doesn't meet state guidelines. ... You filed the claim after you left your job.

When a workers compensation claim is denied a worker may appeal through a process called?

To request a judicial review of your disputed claim, you can file a Request for Hearing with the Court of Workers' Compensation Claims. This request should be submitted within 60 days after the Mediation Specialist issues the Dispute Certification Notice.

How does a WCB claim affect the employer?

The entire worker's compensation system goes unfunded from the government, which means all costs are borne by employers. This means that you, the employer, pay premiums based on your type of business activity and about 95% of these paid premiums are experience-rated.

What happens when an employee accepts a workers comp claim?

When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state. If an injured employee accepts benefits or a settlement package, they usually waive the right to sue your business, but they can reject the settlement outright and pursue litigation.

Why do employees hire workers comp lawyers?

Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

What to do if your business's insurance provider denies your claim?

Lawyers can also advise employees after your business’s insurance provider decides whether or not to grant benefits. If the insurer denies the claim or offers an unsatisfactory payout, the employee’s lawyer may encourage him or her to appeal the decision. As noted above, this is an instance when a small business might consider hiring its own ...

What does a lawyer do for workers comp?

A lawyer will be able to analyze the details of a particular workers ’ comp case to ensure an employee receives proper benefits. The lawyer might look over medical records to determine the extent of the injury in question and could also examine your business’s records to see if it has had any previous safety violations.

What happens if my business doesn't have workers comp insurance?

Your business lacks workers’ comp insurance. If your company fails to purchase the required workers’ comp coverage for the states in which you do business, you are likely to hear from the Occupational Safety and Health Administration, in which case it’s wise to speak with an attorney.

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.

Can an employee appeal an employer's workers comp claim?

Your employee appeals your insurer’s claim decision. An employee can appeal your insurer’s decision when a workers’ comp claim is rejected. In that case, the employer’s insurance provider will likely appoint an attorney for you.

What to do if your insurance is denying you?

If the insurer is denying you from getting specific treatments that you need, a workers’ compensation attorney can take initiative and put pressure on it to approve your ability to get any medical treatments that you need in a timely fashion to alleviate your condition.

What to do if your permanent disability rating is disputed?

If your permanent disability rating has been disputed following an independent medical examination (IME), a lawyer can help by getting you a settlement that is fair. They can also speak with a judge on your behalf to claim that you are eligible for a higher permanent disability rating.

What happens if your employer denies your workers compensation claim?

You have a preexisting condition or disability. Your employer or its insurance company has denied your workers’ compensation claim and you wish to dispute the decision. You are receiving workers’ compensation benefits but believe they are not the right amount or that you are entitled to additional benefits.

Why do I need a workers comp lawyer?

Generally, the most common reasons to retain a workers’ comp lawyer are that your claim was denied, you have a preexisting condition, you receive SSDI benefits or your permanent disability rating has been disputed. An attorney can help you to appeal a decision by your employer or the employer’s insurance company.

Does the state workers compensation division make a decision?

The state workers’ compensation division has made a decision, but your employer has disputed that decision. You are confused and don’t understand the workers’ compensation process and believe an attorney might be able to help you to better understand it.

Can you return to work after a partial injury?

You are not able to return to regular work in any type of job.

Do you have to carry workers comp insurance?

People suffer injuries on the job all the time. However, most businesses that have five or more regular, full-time employees are legally required to carry workers’ compensation insurance in case an employee sustains an on-the-job injury or illness.

What happens when an employee is injured?

Once an employee is injured, the employer’s positive participation in the post-injury experience can reduce the need for injured workers to consult attorneys, which may decrease workers’ compensation claims costs (and, ultimately, decrease the employer’s premiums. ) Consideration of the Top 10 List above can suggest an action plan for employers.

How long does it take for a check to arrive?

Checks arrive on a haphazard schedule sometimes three or four weeks after they are due. An injured worker already struggling to get by on a percentage of his previous take-home pay is now faced with the uncertainty of when his check will arrive in the mail.

What is the number 5 in a job?

Number 5: The advice of friends, family or medical provider. The injured worker is surrounded by family, friends and doctors, nurses, therapists, etc., many of whom, after discussing the accident will advise the retaining of an attorney.

How often do injured workers get their paycheck?

Injured workers, when employed, are accustomed to getting their paycheck on a regular basis every week or every two weeks. Workers’ compensation, while designed to operate the same way, frequently does not. Checks arrive on a haphazard schedule sometimes three or four weeks after they are due.

What does number 10 mean in insurance?

Number 10: The claim is denied. This is obvious. An insurer receives a report of injury, presumably investigates the facts and determines that there was no injury arising out of and in the course of employment and/or no compensable incapacity related to an injury.

Can fringe benefits be protected?

In many jurisdictions, fringe benefits such as health insurance are not protected in the event of a work-related disability. Many employers will maintain these benefits during an absence but many more do not. Certain labor provisions such as the Family Medical Leave Act (FMLA) or COBRA may temporarily preserve or maintain benefits during an absence or require the employee to pay for these benefits. I have obtained more than several clients based on these issues.

Does job dissatisfaction correlate with extended absence due to a work related injury?

Experience tells us that job dissatisfaction correlates with extended absence due to a work-related injury. A mutually harmonious employer/employee relationship should produce an environment where the injured worker will want to return to work as soon as possible.

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.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

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 happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

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.

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.

What is the job of a workers comp lawyer?

This means spending at least some time to help you prepare for critical proceedings such as an independent medical examinatio n, your deposition, and the workers’ comp hearing. You shouldn’t have to go into these events blind.

Why doesn't my lawyer return my calls?

Your Lawyer Doesn’t Return Your Calls. One of the biggest complaints about workers’ comp lawyers is that they don’t communicate enough with their clients. Sometimes, this is simply because attorneys are too busy and have a lot of cases (as is often the case with workers’ comp lawyers). Other times, however, a lawyer may not be giving your case ...

What to do if your health insurance benefits stop?

If your benefits stop before that happens and there's no explanation, you should contact your lawyer immediately. It could be a mistake, or the insurance company may have decided to end your benefits for some other reason (for example, because it disputes your treating doctor's assessment of your condition).

What does it mean when a lawyer can't answer questions?

However, if your lawyer can’t answer simple questions about the status of your case, or repeatedly asks you the same questions, it may be a sign of neglect.

When will my weekly benefits stop?

If you’re receiving weekly benefit checks while you’re off work , they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI) —meaning that you’ve recovered as much as can be expected.

Can a lawyer give you attention?

Other times, however, a lawyer may not be giving your case the attention it needs. You could have a real problem if your lawyer is unreachable for weeks at a time or doesn’t respond to fair requests in a reasonable amount of time.

Can an attorney rush you into a bad deal?

But an attorney who rushes you into a bad deal may not be looking out for your best interests.