worker’s comp doesn’t always follow through - when to call a lawyer

by Rodolfo Hauck 5 min read

Employers may feel confident that employees won’t appeal, and in many cases, they’re correct. If your claim is denied, call your workers’ compensation lawyer at once. • The claim settlement amount doesn’t cover your medical bills – It’s not uncommon for workers’ compensation providers to lowball claims in an effort to save money.

Full Answer

When to get a lawyer for a Workers Comp case?

May 07, 2019 · When to Call a Workers’ Comp Lawyer. A workers’ comp lawyer is needed when the insurance company or the employer fight the claim. For example, if you are injured on the job, but aren’t in your main office building, then the workers’ comp insurance might try to say that your injury doesn’t qualify.

Is your workers'comp lawyer not responding to your emails?

Apr 29, 2019 · Consultations are always free at The Hendon Law Firm and we are available to talk you through your options. Our goal is to ensure your rights are protected, your medical care is unbiased, and your benefits are paid. Give us a call today – 770-284-3737.

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

Nov 28, 2018 · Workers' comp cases can also be slow, and you may not always understand why. Most of the time, your lawyer has no control over the time that various stages in the process take. For example, it may take several months to get a hearing on schedule because of a backlog at the state workers’ compensation agency.

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

In most cases, you won't lose money in your workers' comp case just because your lawyer didn't communicate with you about your case, so you wouldn't get anywhere with a malpractice lawsuit. You can, however, always file a complaint with the state bar, which is the state agency responsible for disciplining attorneys.

Why is workers comp so hard to deal with?

They are overworked, underpaid, and the law that governs what they owe you is very restrictive. So, if the adjuster is doing their job and fulfilling their responsibility to their employer, they often have to deny benefits. They control what doctors you see and control the money.

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 I get disability after workers comp settlement?

Individuals who settle a workers' comp claim do not forfeit their legal rights to SSDI. There will be an offset if combined benefits exceed 80% of a person's average current earrings before disability began.Feb 24, 2022

How long does it take to get workers comp settlement check?

While there's no enforceable rule on how soon the settlement check is to be released after expiration of the 30 days, it's typically one to two weeks.

How long does it take to get a workers comp hearing?

Most of the time, your lawyer has no control over the time that various stages in the process take. For example, it may take several months to get a hearing on schedule because of a backlog at the state workers’ compensation agency. Or it may take several weeks ...

What is the ethical duty of a lawyer?

Your lawyer has an ethical duty to keep you reasonably informed about important matters in your case. If multiple phone calls and emails have gone unreturned, it may be time to start thinking about hiring a new lawyer.

Tips on how to handle communication problems with lawyers in workers' comp cases

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What happens when an injured employee hires an attorney?

Claims adjusters know that when an injured employee hires an attorney there is a good chance that: 1) the insurance company will have to pay more money in benefits or a settlement and 2) the claim will take more effort to close.

What do workers comp adjusters do?

Like any other profession, workers comp claim adjusters have certain techniques they use to help them investigate, defend, negotiate, and settle claims. Most of these techniques are allowed, but can still hurt your case if you don’t know what to watch out for.

What is a claims adjuster?

Claims adjusters have a role in almost every type of personal injury claim, from car accident claims involving negligence and tort law, to workers comp. They even have a role in long term disability claims.

How long does it take for an insurance adjuster to call you?

This adjuster will send you a letter or call you within 48 hours of your work injury and ask for more information about your work accident or occupational disease.

How many adjusters are there in a case?

It is common to have two or more adjusters assigned to your case at different times. No matter their official job title, remember one thing: This person’s job is to save the employer and insurance company money by finding ways to limit the amount of cash and medical benefits you receive.

What is the goal of talking to a claims adjuster?

One of your goals when talking with the claims adjuster is to find out what the adjuster considers important when deciding whether to accept a claim and offer an Award Agreement Form or to make a settlement offer.

Can you settle workers comp claims?

Taking an extreme initial settlement position may prevent you from resolving your workers comp claim . That is because many claims adjusters refuse to negotiate with an injured employee if they think the employee is being unrealistic.

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 does it mean when a worker is embarrassed?

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.

How to keep track of doctor visits?

A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.

Can an injured worker make a mistake?

This is the greatest mistake an injured worker can make. As stated above, it is extremely tempting to do things for one’s self, especially when living alone. However, it is the one time when you do venture down the driveway to get that heavy package out of the mailbox or carry in that bag of groceries when you are caught in the act by a zealous insurance adjuster who has sent out a private investigator for the sole purpose of discrediting the inju red worker.

What is an adjuster's job?

They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer. This is not to say that all employers or their insurance companies, are out to intentionally deceive people.

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.

Do you have to give a recorded statement?

You do not have to give a recorded statement or sign a medical authorization. Much like a criminal case, anything you say can and will be used against you. My clients are often shocked when they find out they were never required to give a recorded statement. The adjuster may tell you they can’t proceed with your claim until you sign certain paperwork.

What is injured workers law?

The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.

How long do you have to notify your employer of an injury?

You have thirty (30) days after a work injury to notify your employer of the injury. Read more. Can I Get Fired If I'm Hurt At Work. The work environment can be a little uncomfortable after a work injury. Unfortunately, the sad reality is that having an injury at work.

What is a notarized affidavit?

A notarized affidavit which confirms that you understand the settlement terms. A medical report that summarizes your current state of health. A detailed statement of your attorney’s fees. A proposed settlement order.