worker comp what your lawyer needs from you

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.

Full Answer

Do I need a lawyer for a workers'comp claim?

May 18, 2020 · Many people wonder if they need a lawyer to get workers' compensation after a work-related injury or illness. The best answer is: "It depends." If you suffered a minor injury, have a good relationship with your employer, and you understand the workers' comp process, then you may not need an attorney. But if you suffered a serious injury or ...

What should I look for in a workers'comp lawyer?

Schedule a consultation today to answer your questions about what a workers’ compensation lawyer in Maricopa, AZ can do for you. Schedule A Consultation: 602-753-8917. Home; Attorney Profile; Personal Injury ... there. You may get conflicting advice from your employer, your insurance company, and even friends and family. While you don’t ...

What questions should I ask before hiring a workers comp attorney?

A workers’ comp attorney can intervene and ensure you get the time you need to properly recover from your workplace injury. Reason #4: Your Injury Leaves You Permanently Disabled (Whether It’s Partial or Total) Injuries bad enough that you need Social Security disability benefits likely require you getting help from a workers comp attorney.

Should I hire a workers'compensation attorney after an injury?

Let’s take a closer look at why you need a good workers comp lawyer on your side. #1: You Have Been Hurt at Work Even if you don’t think your injuries are bad enough to qualify for benefits, a workers comp attorney will have the objectivity to verify whether this is truly the case. And it costs you nothing to schedule a consultation.

Can I get workers comp and disability?

You can get workers compensation and Social Security Disability Insurance (SSDI) benefits together. However, depending on their combined amount, either one could get reduced. This will apply if all your benefits exceed 80% of your average pre-disability income.

Can you be harassed by your boss after filing a workers comp claim?

These acts can be subtle, such as always questioning your work or judgment. Your boss may also be harassing you by increasing your workload without extra pay.

What are the benefits of workers compensation in California?

In California, workers’ compensation provides five basic benefits: medical care, temporary disability, permanent disability, supplemental job displacement, and death benefits. After reviewing the details of your case, your attorney will be able to tell you exactly which benefits you’re entitled to.

Do you have to settle a workers comp case before trial?

However, if your claim is denied or your employer refuses to provide the benefits to which you’re entitled, it’s more likely that you’ll have a hearing.

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.

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.

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.

What are some examples of injuries that require a workers comp attorney?

Two examples of this injury type are an amputated limb or widespread paralysis.

What to do if you have a workplace injury?

The important thing to do now is rest and recover without additional stress.

What to do if your workers comp won't cover all your expenses?

Do the math on your expenses. If your settlement won’t cover all lost wages or medical bills, you need a workers’ comp attorney. Workers’ comp settlements must be approved by a judge, but most don’t look closely at settlement amounts.

What happens if one doctor believes your injury or illness is more severe than the other?

If one doctor believes your injury or illness is more severe than the other, your treatment plan may be disrupted. Worse yet, you have to go back to work before you’re ready. A workers’ comp attorney can intervene and ensure you get the time you need to properly recover from your workplace injury.

Why do employers reject workers comp claims?

Workers’ comp insurers — or the employers themselves — often reject legitimate workers’ comp claims because they don’t think people will appeal. When you bring on an attorney, your appeal has a much greater chance of succeeding.

Can you sue a third party for a worker's comp claim?

If a third party had something to do with your illness or injury on the job, you can sue. However, you’ll need an attorney to do so, because this makes the workers’ comp claim much more complicated.

Can you fire someone for workers comp?

It is illegal to fire you or demote you in the wake of a workers comp claim . Likewise, if your boss reduces your hours or pay, or discriminates against you, it is time to get an attorney.

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 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 is a workers comp attorney?

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.

What are some examples of situations that call for a lawyer's intervention?

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.

What to do if your employer has fired you?

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.

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.

Do you have to have judicial approval for workers comp?

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.

Does a workers comp attorney cover lost wages?

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.

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.

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.

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.

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).

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.

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.