workers compensation what happens when you get a lawyer

by Bobby Heathcote 8 min read

The workers' compensation lawyer will present evidence to show that your injuries were caused by your job and that you can receive benefits. The insurance company will present evidence to try to show that your injuries aren't related to your job. After both sides have presented their evidence, the Judge will make a decision.

There will be court proceedings before your case is heard by a workers comp judge. 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.

Full Answer

When to get a lawyer for a Workers Comp case?

Nov 11, 2020 · When you hire a workers’ compensation lawyer, they will handle all negotiations with your employer and their insurance company, so you do not have to. When you have an attorney on your side, they will know what your claim is worth and will not let you be taken advantage of. Attend any in-person hearings

What can a workers’ comp lawyer do for your business?

Apr 18, 2022 · A good worker’s compensation attorney is adept at negotiating with insurance companies to get you the best settlement possible. Your injury prevents you from returning to your previous job. Whether you are limited in what you can do because of your injury or unable to work at all, you may be entitled to payments that make up for those lost wages.

What happens when an employee files a workers’ comp claim?

Apr 20, 2022 · A workers' compensation lawyer will fight for your denied claim. A workers' compensation lawyer will also be able to help you if your claim has already been accepted, but you are not receiving all of the benefits that you should be. For example, you may be receiving Temporary Disability Payments (TPD).

How to get an expert opinion on a workers comp claim?

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.

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What happens if a company doesn't have workers comp?

If an employee is injured and your business lacks proper insurance, you can be held liable for medical costs, and you could face state penalties and lawsuits.

What do lawyers do for employees?

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.

Can a lawyer help with workers comp?

They feel a lawyer can help them prepare their case better than they could alone. Speaking openly to employees about their workers’ comp benefits and providing official digital or printed information may reduce the likelihood that they will involve lawyers in a claim. But when they do, it is usually to:

What is a workers comp hearing?

Workers' Comp Hearing. The workers' comp hearing is your opportunity to make your case to a judge. This will involve arguments by the lawyers, testimony by witnesses (including your own testimony), and presentation of evidence such as medical records, documents showing lost wages, and doctors' reports. When you testify, your own lawyer will ask you ...

How long does a workers comp hearing last?

Most workers' comp hearings last a few hours, although they can continue for several days if your case is complex. About 30 to 60 days after the hearing, the judge will make a decision in writing. You have the right to appeal that decision if the judge rules against you.

What are the benefits of workers comp?

These benefits include compensation for medical care and lost wages. To ensure that you receive your benefits, you'll need to follow your state's rules for reporting your injury, filing a claim, and, ...

How long does it take to get workers comp?

How Long Does the Workers' Comp Process Take? Length of a Workers' Comp Case. For half of workers, it took 13 to 24 months to resolve their workers' comp cases. If your claim is straightforward and uncontested, you can receive benefits in as little as a week or two after reporting your injury. But most cases take longer.

How long does it take for an insurance company to tell you if you have a claim?

Most states require the insurance company to tell you what it decided within two to four weeks. If your claim is approved, you'll start receiving benefits. If your claim is denied, you have the right to appeal.

What is an IME?

If your employer's insurance company disagrees with a decision by your treating doctor about your medical treatment, the insurer usually has the right to demand that you be evaluated by a doctor of its choice. This is called an Independent Medical Examination (IME), but because the insurance company selects and pays for the doctor, IMEs may not be truly independent or objective.

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