why my workers comp lawyer is happy my pay is cut

Are you unhappy with the way your Workers’ Comp case is going?

If you’re unhappy with the way your workers’ comp case is going, you may feel inclined to blame your lawyer. But the workers’ compensation system is often a slow and frustrating process. So how can you tell whether the problems in your case are unavoidable or whether your lawyer has dropped the ball?

Is your lawyer dropping the ball on your Workers’ Comp case?

If you’re unhappy with the way your workers’ comp case is going, you may feel inclined to blame your lawyer. But the workers’ compensation system is often a slow and frustrating process. So how can you tell whether the problems in your case are unavoidable or whether your lawyer has dropped the ball? Read on for tips on recognizing the difference.

Should I hire a workers comp lawyer?

“You don’t have to hire an attorney every time you have a claim,” said Tom Holder, a prominent workers comp lawyer in Atlanta, “but you should at least call one and let them explain how the process works and what benefits you are entitled to receive.” Just don’t automatically assume your case is going to turn into a legal food fight.

What does a workers’ compensation lawyer do?

Part of a lawyer’s job is to explain the workers’ compensation process and coach you for your role in the case. 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.

What is the highest Workmans Comp settlement?

To date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.

What is a lump sum settlement?

A lump sum settlement is a payout that comes in one single, large payment. This type of settlement occurs following negotiations, and the single payment covers the entire agreed on amount.

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 not provided with workers compensation?

Intentional acts: When a worker intentionally causes their workplace injuries or illnesses, they are not covered under a Workers' Comp insurance policy. Illegal activities: Employee injuries due to illegal activities at the worksite are not covered by an organization's Workers' Compensation insurance policy.

Do I pay taxes on a settlement?

Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).

What do I do with a large settlement check?

– What do I do with a large settlement check?Pay off any debt: If you have any debt, this can be a great way to pay off all or as much of your debt as you want.Create an emergency fund: If you don't have an emergency fund, using some of your settlement money to create one is a great idea.More items...•

How long do most workers comp settlements take?

about 16 monthsWorkers Compensation cases can sometimes settle shortly after an injury (within a few weeks or a couple of months), or they can take years. The average workers' compensation case will be resolved within about 16 months. A resolution may result in a settlement agreement or a hearing with a judge.

What if I can't physically do my job anymore?

If your doctor agrees you can't sustain a full-time job, you should be eligible for Social Security disability. If you don't have a medical condition that qualifies you for immediate approval of disability benefits (called a "listing"), you'll need to prove that you can't work.

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 qualifies as an injury on duty?

DEFINITION OF INJURY ON DUTY /OCCUPATIONAL DISEASE (IOD /OD) An unexpected occurrence, at a specific date, time and place and arising out of and in the course of the employee's employment, resulting in personal injury or death, or when an occupational disease is contracted due to exposure at the workplace. 1.

How much do I get paid for injury on duty?

If the employee is booked off due to an IOD for 4 days or longer, but less than 3 months, the employer must pay the injured employee at a rate of at least 75% of his earnings, from the first day, until the employee returns to work.

What is not considered a work-related injury?

Usually, injuries that happen on an employee's lunch break are not considered work-related. For example, you probably can't claim workers' comp for spraining your ankle while walking to a deli to pick up your lunch (or lunch for your coworkers).

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.

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.

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.

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 a twisted back turn into a knee surgery?

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.

Why Were Your Workers Comp Benefits Cut Off?

Because workers’ compensation is a temporary measure by design, yes, the insurance company can stop payment. However, they must provide you 30 days’ notice before they do so, informing you that your benefits will stop and why. Some reasons:

What Can You Do?

First, call the insurance adjuster. Inquire why you have not received your worker’s comp benefits. It could be something simple – a federal holiday, a mailing delay, or an issue with the insurance company.

1. Unclear billing

One of the first things you should discuss with your attorney is their fee structure. Most workers’ compensation attorneys work on a contingency fee basis, which means that you won’t have to pay them until you are compensated.

2. Poor communication

Have you found yourself calling your attorney incessantly to get updates on your case, and they are not responding? If you have, then you know how frustrating and infuriating it can be.

3. No settlement is being negotiated

The vast majority of workers’ compensation cases are resolved through a settlement. Negotiating a settlement is usually the best decision for both you and the insurance company. That way, both of you will be saved from dealing with the hassle and expense of going to court to resolve the case.

4. The lawyer is pressuring you to settle

Reliable attorneys will explain your situation carefully, and if an excellent offer comes along, you will know precisely why you should accept it. However, certain attorneys may try to pressure you into accepting a settlement, even if it appears to be a lowball offer from the insurance company.

6. The lawyer asked you to change your claim

Has your attorney asked you to change certain things about your claim to help you secure a “better settlement”? If that is the case, you should be extremely careful about what you agree to do next, as you could be on the verge of committing workers’ compensation fraud.

7. The lawyer is dishonest

Workers’ compensation is not an easy or straightforward process. Many times attorneys may have to break the bad news to their clients. Some may think that hiding this information is the best course to keep their clients happy, but that is not the case.

How can a lawyer help you with workers compensation?

A good lawyer will guide you through your workers’ compensation claim by explaining each step of the process in a clear manner. If you’re confused or caught off guard by events, it might be a sign your lawyer lacks the ability (or desire) to effectively communicate.

How to know if you hired the wrong workers compensation attorney?

It’s not always easy to tell whether you hired the wrong workers’ compensation attorney. Here are 10 telltale signs you should seek new counsel. Pursuing a workers’ compensation claim is stressful. Your medical bills are likely mounting and you may be wondering whether you’ll ever be able to return to work.

Why is third party compensation important?

Third-party claims are important because workers’ compensation benefits are limited and therefore you can sue the third party for the damages you’re not able to recover through your workers’ compensation claim (such as pain and suffering ).

What does it mean when your lawyer misses a deadline?

This usually means that your lawyer missed an important deadline, failed to submit requested documents or failed to communicate with you on what to expect. If this happens to you and your attorney doesn’t have a good explanation, it’s time to look for an attorney who can stay on top of things. 7.

Can a lawyer file a third party claim?

Your lawyer won’t file other claims. Sometimes, a workers’ compensation claim is your only remedy. However, work-related accidents often provide the opportunity to file third-party claims. A third-party claim is a lawsuit filed against anyone other than your employer or colleague. Here’s an example:

Do paralegals handle medical records?

It’s common for paralegals to know the details of your case and to handle certain administrative tasks related to your case, such as requesting medical records and organizing discovery documents. However, paralegals are “support staff” and should not be handling the brunt of your case.

Can a lawyer accept an unfair settlement?

Settlements can be advantageous, but only if they’re fair. If your attorney seems anxious to accept an unfair settlement offer, it could be because they’re afraid to go to court or because they’ve taken on too many cases and want to get yours over with.

What is the best way to win a workers compensation case?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.

What is the mistake of a worker?

Mistake 1: Failing to Act Immediately at the Time of the Accident. At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries. Certain things should be done at the time of the accident including remaining calm.

What does "malingerer" mean in workers comp?

If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case.

What to do if your doctor still feels you can do what is being asked of you?

If your doctor still feels you can do what is being asked of you, and then return to work and document any pain, discomfort, uneasiness, or other symptoms that arise so you can follow up with your doctor and make any revisions to your duties as necessary.

What are the mistakes in a medical malpractice case?

Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.

How can a claim be diminished?

Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.

What should be done at the time of an accident?

Certain things should be done at the time of the accident including remaining calm. If other workers witness an employee getting injured, they most likely will offer aid and assistance to the worker and will have their own version of events. However, your version of the events leading up to and after the accident will be vital to your case.

How much does workers compensation fraud cost?

According to the National Insurance Crime Bureau (NICB), workers’ compensation fraud is the fastest-growing type of insurance fraud, costing approximately $7.2 billion per year. This type of fraud creates a domino effect and everyone foots the bill. The premiums that the employer pays go up.

What to do if you are denied workers compensation benefits?

As an employee, if you have been denied benefits or you otherwise believe your employer is involved in a workers’ compensation scam, alert the local labor department. As an employer, alert the workers’ compensation insurance carrier about the suspicious employee so that they can begin a formal investigation.

What are the three types of workers compensation fraud?

There are three categories of workers’ compensation fraud: Claimant fraud (employee) Premium fraud (employer) Provider fraud (medical or legal). Each form of fraud can cause varying degrees of damage, and each has a set of “warning signs”.

What is evidence of an injured employee working a side job?

There is evidence of the injured employee working a side job. There is evidence of the employee doing activities that would be impossible with their claimed injury (e.g., mowing the lawn with a broken ankle). The injured employee is hard to reach while on leave.

What is an injured employee's story?

The injured employee’s story is inconsistent or suspicious. The injured employee has a history of making workers’ compensation claims. The injured employee has a history of changing jobs or medical providers often. The incident happened before or just after a weekend, strike, or holiday.

What is workers comp insurance?

Workers’ compensation insurance is a two-way, no-fault benefit system that provides wage reimbursement to employees who have suffered from a work-related injury. Also called workman’s comp, the program differs across states and countries. The overarching goal, regardless of title or location, is to protect employees who are hurt on ...

Can workers compensation be scammed?

The providers of workers’ compensation benefits can and do scam the system as well. Corrupt medical and legal professionals will sometimes engage in large-scale organized crime that takes advantage of the workers’ compensation program. Provider workers’ compensation fraud is usually the sum of many scams, including: