why should you get a lawyer if you get hurt at work

by Drew Bashirian 9 min read

If you’ve been injured or contracted a work related illness on-the-job, here are some reasons why you might need to call an attorney. 1) You Want to Maximize Your Workers’ Compensation Claim After being hurt at work, your employer may offer you a quick settlement.

If you experience any of the situations described above, a workers' compensation attorney can: Secure evidence that your injury or condition is caused by your work. Secure medical documentation to prove your injury. Help you understand what you need to do to file a claim.

Full Answer

Why should I hire an attorney for my personal injury claim?

Jun 04, 2019 · Seeking legal advice from an experienced lawyer will allow you to receive fair compensation that is necessary for to treat your injuries you’ve sustained on the job. Without proper legal representation, you are risking receiving the bare minimum, which in terms of medical debt, is never enough and is the most prevalent debt Americans struggle with today.

Do I need a lawyer after an accident at work?

Apr 19, 2018 · If you’ve been injured or contracted a work related illness on-the-job, here are some reasons why you might need to call an attorney. 1) You Want to Maximize Your Workers’ Compensation Claim. After being hurt at work, your employer may offer you a quick settlement.

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

There are some situations where you may be able to handle a work injury claim on your own. However, if you have been seriously hurt on the job, there are a few reasons to consider hiring a lawyer: 1. Workers’ Compensation Is Complicated. The laws governing job injury claims are often difficult for workers to understand.

Why do I need a workers compensation attorney?

Someone injured at work has 120 days to report the injury. You heard that right, one hundred twenty days. Employers often tell their injured workers that since they did not report the injury immediately, their claim will be denied. A knowledgeable attorney will tell you there is nothing in the law to justify such action.

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What are some examples of work injuries?

For instance, some injuries happen over time – a repetitive trauma. Carpal tunnel, aggravation of pre-existing asthma, or thoracic outlet syndrome are a few examples of work injuries whose causation may not be so obvious. If someone uses her hands at work all day, perhaps the repetitive use caused carpal tunnel over time, perhaps not.

What happens if you break your leg at work?

Generally, if you fall down at work and break your leg, most likely, you will receive workers’ compensation benefits for time missed for work and your medical bills will be paid by your employer’s workers’ compensation insurance company. However, not all injuries are quite as obvious as a broken leg.

Can you get workers compensation if you break your leg?

This a question that attorneys are often asked from someone who just had the misfortune of getting injured while at work. It is a question that this author often hears from someone who KNOWS someone who got hurt at work. Well, the short answer is no. Generally, if you fall down at work and break your leg, most likely, you will receive workers’ compensation benefits for time missed for work and your medical bills will be paid by your employer’s workers’ compensation insurance company. However, not all injuries are quite as obvious as a broken leg. For instance, some injuries happen over time – a repetitive trauma. Carpal tunnel, aggravation of pre-existing asthma, or thoracic outlet syndrome are a few examples of work injuries whose causation may not be so obvious. If someone uses her hands at work all day, perhaps the repetitive use caused carpal tunnel over time, perhaps not. These are the cases where legal help is a must, because these are the cases that insurance companies can easily deny as being not work-related.

Can you be fired for workers compensation?

The short answer is absolutely “yes.”. These are the very situations that naturally happen when a hard worker does not want to look like a crybaby or seek medical treatment, or is afraid of missing work or being fired for pursuing his workers’ compensation rights.

What to do when you have an injury?

Taking care of the injury is the most important thing for you to do – even if you’re unsure whether you’ve actually been injured or not. Once your injury has been stabilized, it will be in your best interest to speak to an attorney. (See when to walk and when to run to a lawyer .)

What happens if you have a long term injury?

If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.

Can a spouse sue for wrongful death?

In most cases, direct family members, spouse and dependent children qualify for wrongful death. However, there are some instances where parents of minor children who died in an accident or as a result of an injury can sue for wrongful death.

What to do after an accident?

When you have been injured in any type of accident, you should immediately seek medical care for your injuries. It does not matter if it is a vehicle accident, slip and fall, or work accident. Taking care of the injury is the most important thing for you to do – even if you’re unsure whether ...

What happens if a family member dies in an accident?

If the accident resulted in the death of your family member, you may have certain rights under the law to seek compensation for wrongful death. You will need to speak with an attorney to see if you qualify for this type of case under the laws of your state.

Can you sue someone for workers comp?

However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn't have workers' comp insurance, or your employer intentionally caused 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.

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.

What to do if your claim is denied by your employer?

Denied Claim#N#If your claim is denied by your employer or their insurance carrier, you will most likely need a lawyer to help you prove you case. Some denied cases involve complicated legal issues best handled by an attorney.

What to do if you refuse to pay weekly benefits?

Refusal to Pay Weekly Benefits#N#If you are unable to work and are not getting paid weekly benefits, you should consult a lawyer. Important tip: Always get your work status in writing from the doctor, provide a copy to your employer and keep a copy for your records!

What is permanent disability?

Permanent Disability, Permanent Restrictions , or Inability to Return to Previous Employment#N# If you have a permanent problem as a result of your injury, permanent restrictions, or are unable to return to the type of work you usually do, a lawyer can help you secure fair compensation.

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.

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.

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.

Can a judge reject a settlement?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it. To avoid that predicament, get a lawyer at the first sign of trouble. You’ve already been injured on the job.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. 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, ...

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