There are multiple situations that require a workers comp lawyer. Here are just a few: You have pre-existing conditions. Pre-existing conditions make it difficult to tell what part of your injury/illness is work-related. If the injury/illness has to do with your pre-existing condition, you need a lawyer.
Although you always have the right to represent yourself in your workers’ comp case, in many situations, it makes sense to hire a lawyer. Fortunately, hiring a workers’ compensation lawyer is affordable.
Free Consultation. Although you always have the right to represent yourself in your workers’ comp case, in many situations, it makes sense to hire a lawyer. Fortunately, hiring a workers’ compensation lawyer is affordable. This is because workers’ comp attorneys work on a contingency fee basis (by taking a percentage of your settlement or award).
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.
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.
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...
When you are injured while performing any activity on behalf of your employer, you are entitled to workers’ compensation benefits. This includes medical care, temporary disability, permanent disability, job retraining as required, and mileage reimbursement for medical treatment. It doesn’t matter who is at fault or the reason for the accident.
Employers and their insurers often reject workers’ comp claims, believing workers won’t appeal the decision. If your claim has been denied, a workers’ compensation lawyer can help you appeal and gain a fair settlement.
Similar to the reason above, there are times when your employer agrees to provide compensation for your medical care but refuses your disability benefits which cover your lost wages. If you are unable to work because of your injury, you are entitled to lost wages during your time out of work.
If your disability is permanent – total or partial – you are probably entitled to a lump sum payment or weekly payments to cover your lost wages. Because these settlements are costly, many companies seek to avoid paying them.
If your workers’ compensation settlement isn’t handled properly it could limit or lower potential Social Security disability payments in the future. Your workers’ compensation attorney can structure your settlement to help you avoid this scenario.
If your employer retaliated – fired you, cut your hours, demoted you, decreased your salary or rate, or discriminated against you – as a result of your workers’ compensation claim, you need an experienced workers’ compensation attorney to protect your rights.
The workers’ compensation system was created to eliminate civil lawsuits related to workplace injuries. Even so, there are circumstances which will allow you to sue, such as when a third party contributed to your injuries, your employer’s negligence causes your injury, or your employer does not carry workers’ comp insurance.
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.
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.
When you have an attorney managing your workers’ comp claim, you will have the ability to focus on your recovery instead of trying to deal with the insurance company.
When you have been injured at work, make sure to report the accident immediately and seek immediate medical care. Once your health has been stabilized, contact an attorney before giving a complete statement to the insurance company.
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.
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.
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.
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 ...
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.
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.
The good news: Small business owners rarely need to hire lawyers for workers’ comp claims because they rarely end in lawsuits. Usually, the injured employee is simply exercising his or her right to compensation, and the employer’s workers’ comp insurance provider will decide whether the worker is eligible for benefits.
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).
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.
You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.
If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.
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.
If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.
Assuming both doctors are reputable and have all of the relevant information, going to a hearing could be risky for both you and the insurance company.
This means that you can’t change your mind a few weeks or months down the road and go back to the insurance company for more money. In some cases, the insurance company will agree to pay for any future medical expenses that come up after you settle.
You can agree to a lump-sum settlement rather than weekly payments as part of a permanent disability award. This can be helpful if you have a lot of bills to pay and need the money now—though it may be tempting to spend the money before you need it later.
A survey of people who went through the workers' comp process showed that they receive more compensation, on average, when they hired a lawyer than when they went through the process on their own—even after the attorneys' fees were taken out of their settlement.
Whether a particular settlement offer is good for you depends on several factors unique to your circumstances, including how much is being offered, whether there's a dispute about the extent of your permanent disability, and whether you're likely to need future medical care related to your injuries.
For example, say your doctor finds there's a 25% chance that you'll need surgery on your back , and insurance company agrees to pay for a portion of the surgery as part of the settlement.
Like most legal claims, the majority of workers’ comp cases are settled before they go to a hearing with a workers' comp judge. This means that your employer or its insurance company will probably offer you a settlement at some point in your case. Before you agree to the offer, however, you should consider several things, including the timing, ...