Do you want to file a workers' compensation claim and wondering whether you need the services of a lawyer? It's important to understand what exactly they do and how they can help with your case. After that, you can decide whether to hire one or not.
Well, if you're injured at work, your employer has the mandate to compensate for your injuries and losses. However, getting your settlement without strong legal backing can be an uphill task.
Remember, insurance companies will always look for a little excuse to deny your claim or give you the minimum amount possible.
A lawyer can help you get the compensation you deserve by employing their understanding of workers' rights and negotiation skills. So, if you're wondering what workers' compensation lawyers do, this article answers your question.
Why Do You Need a Lawyer for Your Workers' Compensation Claim
While it's completely okay to file for your workers' compensation claim without hiring a lawyer, your chances of getting fair compensation are slim.
Without a lawyer, your employer or insurance will take advantage of your lack of legal knowledge to intimidate and harass you during your claim process.
Whether you need a lawyer or not will depend on how the insurance and your employer handle your case. Hire a workers' comp lawyer immediately if you notice the following warning signs:
- Your employer argues that your injury did not occur at work.
- Your employer claims that the injuries occurred due to your own negligence.
- The insurance company is showing signs of stalling your case.
- The insurance is disputing your disability.
- You notice that the insurance company is going to deny your claim.
Remember, the insurance company and your employer do not have your interests at heart and will do everything possible not to pay for your injuries. The presence of a workers' comp attorney is the only thing that can push them to act professionally.
How a Workers Compensation Lawyer Can Help with Your Claim
When it comes to filing a workers' compensation claim without any problems and dealing with difficult employers, your workers' compensation lawyer is all you need. An experienced lawyer will help you do the following:
Negotiate Your Settlement
When you're injured at work, you might already know your right to get workers' compensation. But do you know how much you deserve for your injuries?
A workers' compensation lawyer will help you calculate how much you should get for your compensation to be considered fair. They can easily estimate how much your claim should attract based on several factors, such as:
- The extent of your injuries
- The losses you've incurred while out of work.
- Your current medical expenses and any that can arise in the future.
- Whether you have a permanent disability and to what extent
- What your employer owes you for temporary disability or late payment penalties
- What was your salary before the injury?
While the insurance company might devise bogus schemes to reduce the amount you deserve, lawyers know their way around.
They know how to negotiate and get the insurance to pay what's rightfully yours. You have better chances of coming out as a winner if you employ a workers' comp lawyer.
Protect Your Rights
With little to no understanding of the law, you'll surely have a difficult time negotiating with professional insurance representatives. While you might understand your right to receive compensation when you're injured at work, you might not know to what extent you're protected.
Many employers will deny you your right to receive fair compensation after workplace injury if you don't understand the law.
An attorney can explain your rights and how they apply to your case. They also guide you on how to behave while pursuing your compensation, so you don't mess things up.
Your attorney will explain your legal benefits and to what extent they apply. Working with an attorney alone is enough to get your employer and the insurance company to comply. You will be able to collect your compensation without much trouble.
Fight For You If Your Claim Is Denied
It's common for your employer or insurance company to deny your claim outrightly. This can be devastating, considering the financial losses and psychological distress that the injuries might have caused you already.
You don't have to endure the stress and the losses if your claim is denied because you can still have some hope if you work with a lawyer.
You can appeal the insurance decision with the help of a lawyer. Lawyers are familiar with various reasons for your claim denial and can tell if they're warranted or not.
They'll advise you whether the case is worth appealing or whether the insurance is right in denying your claim.
If you do deserve compensation, your lawyer will appeal your decision and fight to the depths to ensure you get what you deserve.
Don't allow the insurance to make you doubt whether you deserve compensation for your injuries or not without consulting your attorney.
Represent You At Your Hearing or Trial
Sometimes, negotiations with your employer or insurance company may not bear fruit, even with an attorney present.
You might disagree with what they're offering, and they might not want to give anything more. If you believe you deserve more, then going to court can be your next option.
Your workers' comp lawyer will help you prepare all the paperwork needed for the court case. They also help with court filing and all the legal procedures before the trial date. They will take care of putting together your medical records and taking witness depositions.
A lawyer will ensure everything is submitted to the court on time without missing any details. On the hearing date, they will be the ones to argue and present facts on your behalf.
They will present a theory of your case to the judge, make arguments, examine witnesses, and raise objections.
They will fight on your behalf to ensure you win the case. If the hearing outcome is not in your favor and you're not satisfied, your lawyer will still help you appeal.
Fight for Your Rights for Disability Benefits
Sometimes, workplace injuries can be so severe that the victims can't return to work for some time or permanently due to disability.
If so, workers' compensation should cover them for the disability benefits. However, fighting for these benefits is the hardest part of this claim.
The insurance company can have all manner of arguments to deny you disability benefits. If you cannot go back to work and can't get compensated for your disability, your financial life and general well-being will be highly affected. You need a workers' comp lawyer to help fight for your rights to get disability benefits.
Your lawyer will collect all the necessary evidence to prove the disability resulted from your workplace injuries. They'll also prove the extent of your financial losses and emotional distress that the situation has caused you. With the help of your lawyer, you'll no doubt receive your social security disability benefits in no time.
Help in Retaliation Situations
Many workers injured at work do not get their rightful compensation because of retaliation from their employers.
There are many cases where employers have argued that their employees' injuries occurred outside their scope of work or were due to their own negligence. And because they have more power, victims go without any compensation.
If you're pursuing workers' compensation and your employer attempts to retaliate using dubious tactics, you must understand that it's illegal. You need to call your workers' comp lawyer immediately and explain your situation.
If they attempt to harass, intimidate, or interfere with your case, you must seek the services of a lawyer. Don't allow them to expose you to emotional trauma while trying to fight for your rights for compensation after an injury at work.
An experienced attorney knows the right strings to pull to get a retaliating employer to comply with the law.
Third-Party Claims and Other Benefits
In some circumstances, your employer may not be the only one liable for your injuries. Third parties also may be liable for your injuries and should pay their share of the compensation. For example, the manufacturer of faulty machinery that caused your injuries may also be liable.
Reaching these people alone may not be easy, and you'll need your lawyer to help. Your lawyer will help you pursue personal injury claims from third parties, which can be more valuable than your personal injury claim.
Apart from the personal injury claim, you might also be eligible for other benefits such as wage reimbursement, vocational rehabilitation assistance, state short-term disability, and long-term disability insurance benefits. Without the help of a lawyer, you might not even know that these benefits exist.
Bottom Line: Find the Best Workers' Comp Lawyer Today
Working with an experienced workers' compensation lawyer to file your workplace injury claim can make the process less stressful. You won't have to deal with harassment, intimidation, and possible claim denial if you have legal backing.
The presence of someone who understands the law better is enough to get your employer to act professionally.
So, if you have an experienced workers' compensation lawyer, you can have confidence that you'll get compensated for your injuries.
Your attorney has your best interests at heart and will do everything possible to ensure the insurance company doesn't cheat you.
