When Do You Need to Hire a Workers Comp Lawyer?

Have you been injured on the job? Depending on the severity of the injury, you might have to take some time off work to recover. Being injured at work is a harrowing experience, and the extent of your injuries may range from mild to severe, depending on the factors surrounding the event. 

One things for sure, it’s going to cost a pretty penny in medical bills and lost income to navigate the situation and see you out the other end of your ordeal. Then there’s the pain and suffering you’ll have to endure, sometimes for years, after sustaining the injury. 

Did you know you can recover these costs by filing a workers’ compensation claim? 

Millions of hard-working Americans are in the same boat as you right now. But many of them don’t realize they’re owed compensation for these terrible outcomes. Those that do understand they can file for compensation face a laborious battle of dealing with their employer’s legal team to get the compensation they rightfully deserve. 

There comes a time when you need legal representation to recover the compensation owed to you, but when is the right time to hire a worker’s comp lawyer, and what can you expect from retaining their services? 

When Do You Need to Retain the Services of a Workers’ Comp Lawyer?

Submitting a worker’s compensation claim is fairly straightforward. But the issue is that without legal representation backing you, your employer might decide to draw out the process in the hope of never paying you or delaying your payment so they can recover the money they need to pay you from other sources. 

The reality is most businesses, especially larger ones, don’t care about you, they care about satisfying the shareholders. In many instances, you may have never met the owner of the company, or the board and they see you as just another EIN, not a person in desperate need of compensation after your injury. 

If your employer is drawing out the process or flat out refuses your claim, you need a lawyer to help you navigate the process and get you the compensation you deserve. If you’re injured at work, your priority is to get the medical care you need to recover. 

After the hospital discharges you, you can expect a fat bill in the mail in the coming weeks. How are you going to pay it if your employer slows down your payout process or denies your injury claim? 

After getting the medical help you need, your first call should be to an experienced workers compensation lawyer. This legal professional should have a solid track record of delivering for their clients, and a good reputation in the industry for achieving optimal claim amounts to cover your medical bills, lost income, and any other financial outcomes you might have lost as a result of your injury. 

Some claims are more complex than others, and that’s where a worker’s comp lawyer shines. IF you’re dealing with the company’s legal team or you have to go to trial to win your case, the experience and assistance of a worker’s comp layer will help you get the outcome you need, preventing your employer from taking advantage of the situation. 

A worker’s comp lawyer handles the entire process for you from start to finish. They’ll assess your case, visit the injury site, collect evidence, and interview witnesses to establish your claim. That’s incredibly beneficial to the successful outcome of your claim, especially considering you might not be physically able to build your case if you’re bedridden or confined to the couch until you heal. 

Here are a few examples of scenarios where you’ll benefit from hiring a worker’s comp lawyer. 

Your employer decides to delay or deny paying your claim. 

• Workers comp insurers and employers often refuse to pay claims, even if they’re bona fide. They rely on the fact that you’ll likely fail to appeal, and that’s usually the case. 

The settlement offered by your employer doesn’t cover all your expenses relating to the injury or the cost of your lost wages. 

• While most claims require judicial signoff on the amount owed to you, they’ll often sign off on the settlement figure if they don’t find it unfair. 

You have medical issues that prevent you from returning to work or limit you from performing properly at work.

• If you suffer total or partial disability from your accident, you could be entitled to a lump sum or weekly payments to cover lost wages. Insurers or employers usually try to avoid making these payments as they cost the company dearly.

You plan to apply for social security disability benefits

• If you don’t structure your settlement properly, you might experience fewer Social Security disability payments. An attorney will draft the settlement agreement to mitigate this issue.

Your employer reprimands you for filing a worker’s comp claim.

• If your boss fires you or demotes you, or they reduce your pay or hours, it’s discrimination and you have a legal right to take action against them.

You were injured because of employer misconduct or a third party’s negligent actions. 

The workers comp system has the goal of preventing civil lawsuits related to workplace injuries. In some cases, you can sue the employer or third-party, depending on the circumstances. 

Wrapping Up – Can I Represent Myself?

Is there an instance where you can represent yourself and avoid hiring an attorney? You might be able to navigate your claim without legal help if you meet the following criteria. 

• You suffer a minor injury like a cut or sprained ligament. 
• The employer admits, on record, that the injury happened in the workplace.
• You didn’t miss any work after sustaining the injury.
• You don’t have a pre-existing injury in the same area you injured at work. 

Even if you meet the above criteria, it’s advisable to consult with an attorney before filing your claim. Fendon Law offers a free consultation, so take advantage of the complimentary legal advice and book your consultation today.