The best time to hire a workers’ compensation attorney is immediately after you get injured. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.
Full Answer
When Is It Time To Get A Workers Comp Lawyer? Corbin Sutter Workers’ Compensation For many people working in Englewood or Venice, if an accident happens, ethical and professional employers are there to help with workers’ compensation that allows the injury victim to cover both the costs of medical treatment and any missed salary that might arise from during treatment …
If your injury requires surgery or affects your ability to work for a significant length of time, you should immediately hire a workers’ comp attorney who can help you get compensation for medical expenses and lost wages. Even if you’re on the fence about the whole thing, it’s worth just getting a lawyer’s perspective on your case.
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...
By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.
Here are a few situations that warrant contacting a lawyer: 1 Your claim is denied. Did you file too late? Does your injury or illness fall into a gray area? Your appeal likely will involve formal paperwork, proper evidence-gathering, and a hearing. 2 You sense your employer is hostile to your claim, demonstrated by overt or even subtle retaliation. 3 You have a significant pre-existing condition or disability. 4 You are permanently disabled, either totally or in part, and the insurer resists your rating. 5 Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal. 6 Your work-related medical issues prevent you from returning to your prior job, or limit what you can do at work. 7 You receive, or intend to apply for, Social Security disability benefits. 8 You were injured, or sickened, as a result of a third party’s actions or your employer’s serious misconduct. Was a piece of leased equipment involved? Or equipment maintained by an outside vendor? You may have grounds for a liability suit in parallel with your workers compensation claim.
How Do I Prepare? 1 Make certain you save a copy of every form. 2 Start a journal. Make notes of your discussions with supervisors, coworkers, and human resources personnel. 3 Write down (or use a voice-recorder app on your smart phone to capture) your recollection of what led up to the accident, how it happened, and the aftermath. 4 If your malady involves repetitive motion or a toxic environment, note when you first began to detect symptoms, and what they were.
Briefly, your attorney will: 1 Gather, organize, and preserve evidence. 2 Advise you what to say to the claims administrator so you don’t hurt your case, or even speak for you. 3 Represent you before a workers comp judge. 4 Present your case for claiming partial or total permanent disability. 5 Push your employer and its insurer to act promptly on your case. 6 Support with legal arguments your ability to get treatments recommended by doctors. 7 Advise whether a workers comp settlement is in your best interests. 8 Negotiate your highest, best settlement (if it comes to that).
For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)
If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future. If you need to change careers, you'll need to secure training in a new line of work. A lawyer can help you do both.
If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future.
don't result in permanent injuries. For example, suppose you sprained your ankle after you slipped on some water in the break room. Your doctor ordered you to ice your ankle, take pain relievers, and stay on bed rest for a few days.
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.
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.
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.
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.
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.
A lawyer will do the following to help you get started with your claim: 1 Collect details of the incident and document everything 2 Ensure you see a medical care provider 3 Notify the employer 4 Help you navigate the required Independent Medical Examination (IME) to eliminate the possibility of your employer disputing your claim. 5 Respond to the employer or workers’ compensation insurance adjuster with requests for more information 6 Ensure all actions take place in a timely manner
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.
However, there is one situation where they may be able to file a claim against a third party . This situation occurs when someone other than the employer is at fault for the injury which occurred at work. You will most often see this situation when multiple vendors or contractors are working on the same job site.
You don’t have a pre-existing condition which can complicate matters. Although one or more of these scenarios might describe your situation, you may want to contact an attorney for a free evaluation. They can offer legal advice to warn you of possible complications that would require their services.