Facing a work-related injury can be an extremely stressful situation for any individual. Should a claim be filed? Does the person need an attorney? While an attorney is not always needed, many times, it is wise to hire a workers’ compensation attorney. What Can a Workers’ Compensation Attorney Do? If you have been injured at work, it is strongly recommended that you speak to an attorney that specializes in workers’ compensation cases. Since it is highly likely that you have not been through the claims process before, there are a lot of things that you won’t know to ask or do and (1) asking the right questions and (2) taking the right steps is important in making sure that you get all the money you’re entitled to. No one expects you to be an expert on worker’s compensation or how to get the biggest possible settlement, but, sometimes employers are counting on the fact that employees won’t know enough about the workers’ compensation laws to claim all the money they are entitled to. Thus, having an attorney that has both experience working on workers’ compensation cases and knows the workers’ compensation laws in your state can help you get all the money you deserve for your injury. A workers’ compensation attorney may be able to get you a bigger settlement and ensure that you are getting enough money to cover the full cost of your lost wages, future medical expenses, and any loss of earning potential that happened as a result of your accident. For example, if you were injured at work and lost a hand as a result that has put you in a position in which you can no longer work, you deserve money for the future wages you would have earned if you had been able to continue working. A workers’ compensation attorney can also help you gather evidence about your injury. More specifically, they can advise you what pieces of evidence you should have and include in your claim to strengthen your case. And, they can also help you get this evidence. Furthermore, if your first workers’ comp claim is denied, an attorney can help you file an appeal so that you can try again to get the money that you need as a result of the accident. Finally, if the claim has to go to court, a workers’ compensation attorney can represent you and negotiate on your behalf. Ultimately, having a workers’ compensation attorney is the best way to make sure that you are getting everything you should be getting. How Much Does a Workers’ Compensation Lawyer Cost? The cost of hiring a worker’s compensation lawyer is less than the cost of losing your claim and getting nothing for your injury, in most cases. Most lawyers that specialize in workers’ compensation cases work on what is called a contingency basis. A contingency basis means that a lawyer will only get paid if you win your case and you receive money. So, if you were to lose the case they get nothing, you would not have to pay any money out of pocket for an attorney that works on a contingency basis. If you win your case, then the attorney will get paid a “contingency fee” which is a set percentage of the amount of money that you are awarded (i.e., receive). Most states have laws in place that cap the percentage of the one’s money that a lawyer can take. Typically, the cap is between 10% and 20% of the total amount that you are awarded. To ensure that you are not really losing any money if you win your case, you and your attorney can build a settlement amount into the amount of money that you are asking for in the beginning of your working relationship so everyone is on the same page and there are no surprises. When Is a Workers' Compensation Lawyer Is Not Needed? Not all situations require the assistance of an attorney. For instance, if the employee suffered a minor injury that healed quickly and did not require extensive treatment, he or she will likely not need to hire an attorney. In situations where the workers’ compensation insurance provider determines: 1. The injury was clearly work-related; 2. The injury does not require expensive, extensive medical treatment; 3. The employee will not need a significant time off work; and 4. No permanent injury or disability resulted from the injury; The insurance company will likely agree with the claim and process it quickly. In fact, many workers’ compensation claims are open-and-shut cases and do not require litigation or the assistance of a hired attorney. Can I Proceed without an Attorney? It is possible that the person injured can represent himself or herself in a workers’ compensation matter. If the above qualifications apply to the person’s case: the injury was minor, little to no time was missed because of the injury, the employer readily admits that the injury occurred at work, and the employee does not have a pre-existing condition, he or she should be able to navigate the claims process without attorney intervention. However, if any question exists in any of these factors, it is recommended that the employee at least contacts an attorney for a consultation on the matter before filing a claim. When Should I Hire a Workers' Compensation Attorney? It is recommended that the employee seek the assistance of an attorney if any of the following situations occur. 1. The Workers’ Compensation Claim Was Denied. If a workers’ compensation claim was filed and denied, it is recommended that the employee hire an attorney. A denial can be appealed through an administrative appeals system. The process is not an easy one and requires that a close step-by-step procedure be followed, and evidence be gathered and submitted. Many times, it requires a hearing, and an attorney can be best at navigating this system easily and properly. 2. The Insurance Company Disputes the Permanent Disability Designation. Most workers compensation claims are for permanent disability benefits, which are calculated on a rating system. If the insurance company reviews the employee’s rating and does not agree with the one given, they can require that the employee undergo an independent medical examination (IME) with a doctor chosen by the insurance company. It does not take a rocket scientist to guess that this physician will side with the insurance company. An attorney can stand up for the employee and advocate for the rating given or at least ensure that the employee is not given an unfair rating after a re-evaluation. 3. The Employee Has a Preexisting Condition. If the employee making the workers’ compensation claim has a preexisting condition, it can be safely assumed that he or she will have a fight getting the claim approved by the insurance company. The claim may be denied on the basis that the employee’s injury was from his or her preexisting condition instead of the work-related activity. It can be proven but often requires the employee produce medical records to prove the case. 4. The Employee Is Facing a Workers’ Compensation Hearing. If the insurance company has insisted upon a hearing or if settlement negotiations are not going well, employees are encouraged to contact an attorney. These hearings tend to be like mini-trials and require use of rules of evidence, information the average person may not fully understand. Do Not Wait Too Long It is highly recommended that, if the employee believes an attorney is needed, he or she does not wait too long. Certain statutory requirements are set, giving specific deadlines on how soon an employee needs to give notice to an employer of an injury and intent to file a workers’ compensation claim. Waiting too long can bar him or her from being able to seek a claim at all. Further, if a denial was given, deadlines are also provided for how long the employee has to file an appeal. Contact an Attorney Today If you have been involved in an accident during the normal course of business and are unsure about how to proceed with a workers’ compensation claim, it is highly recommended that you contact an attorney to answer your questions. A licensed attorney trained in workers’ compensation law will be able to review your case and determine your best course of action. To receive the compensation you deserve, contact an attorney in your area today.
