Unfortunately, almost three million workers are injured every year in the United States in job-related injuries.
Job accidents are all too common in our country, and some of these injuries could have been avoided.
From exposure to chemicals, to heavy lifting injuries, there is a wide range of injuries that can occur at work. No matter what caused your accident and injuries, you can find relief with worker's comp insurance. Even if it's a minor injury.
But worker's compensation claims can be confusing, and getting the compensation you deserve isn't always easy.
That's why, if you've suffered a workplace injury, obtaining legal representation that has a deep understanding of workers compensation on your side can be beneficial.
In the article below, we will discuss what a workers' comp lawyer can do for you and how they can help you pursue legal action after your workplace accident.
Table Of Contents
- What Do Workers Compensation Lawyers Do?
- What Do Workers Comp Attorneys Look For?
- What Disqualifies You From Workers Comp?
- Is It Worth Getting A Workers Comp Attorney?
- How To Find a Good Workers Compensation Lawyer
- Contact Helping The Hurt
What Do Workers Compensation Lawyers Do?
Negotiate Your Settlement
A work injury attorney can help estimate the value of your worker's comp benefits and ensure you are awarded the maximum benefits.
Your lawyer will begin the compensation claims process by considering various factors when valuing your claim, like the severity of your injuries and how they've affected your quality of life.
They will also consider your past and future medical costs, any documented pre-existing conditions, the cost of any medical devices, your lost wages or loss of benefits, if you're able to receive temporary disability payments or whether you've suffered a permanent disability.
They'll also examine your job description to see if your employer put at risk in the first place. Your doctor's treatment plan will also be taken into consideration as your lawyer preps for your comp hearing.
Experienced workers' comp attorneys can give you advice about dealing with insurance adjusters and companies so you can avoid the tactics they use on injured claimants.
A worker's compensation law firm will have a better chance of getting you a fair settlement for your medical care and other medical expenses by negotiating with the insurance company on your behalf.
An experienced lawyer will also make sure that your settlement agreement is written properly before you sign it.
This will help you avoid unintended consequences in the claims process down the road with the worker's compensation insurance provider.
Take Your Case to Trial
Most of the time you can receive fair compensation without a trial.
But if you can't, your personal injury lawyer can move your workers' comp case to the next civil action level.
Your lawyer will present your case to a worker's compensation judge specializing in workers' comp cases.
You cannot do this by yourself.
This process is all about investigation, so having an attorney will be critical during the discovery process.
Your compensation attorney will help you build your case by conducting written discovery, taking formal statements from eyewitnesses, gathering your medical records and weekly wage, and researching similar cases.
They'll also write and submit legal documents to the court on your behalf.
If your case has to go to trial, things can quickly get complicated.
Your attorney will make sure everything is done correctly and submitted on time.
At your trial, your lawyer will present your case and give the judge various reasons why you should get the benefits you deserve.
If the judge doesn't rule in your favor, your attorney can help you appeal the decision.
Make You Aware of All Your Options
A good workers' comp lawyer will also advise you on your other legal options for your on-the-job injury throughout the compensation process.
For example, they'll let you know if you can make a personal injury claim against a third party if someone other than your employer was negligent and contributed to your injury.
Third parties who might be negligent include manufacturers of faulty products or at-fault drivers.
These third-party claims are typically worth more than the workers' comp part of a claim.
Your workers' comp lawyer can also advise you about your eligibility for additional benefits.
These might include Social Security disability, short-term disability, long-term disability insurance benefits, vocational and rehabilitation assistance, or wage reimbursement.
What Do Workers Comp Attorneys Look For?
When making a workers' comp claim, your attorney must present sufficient medical evidence supporting your case.
Even if you are eligible for worker's compensation coverage, if you don't present enough evidence, you might not receive all of the benefits and medical treatments you need.
An experienced attorney will ensure you have extensive evidence to back up your case for your work-related injury.
Your attorney will:
- Gather your medical records
- Conduct depositions of medical experts who can weigh in during the legal proceedings
- Represent you at depositions
- Gather opinions from your treating doctors
- Help you choose the best medical providers
- Arrange an independent medical examination to strengthen your case.
Your legal representative will also present evidence that can prove poor training procedures and lack of workplace safety in your place of work.
They will take statements from those who know you well concerning how your daily activities have been limited and even hire a vocational expert to discuss the physical requirements of your job.
What Disqualifies You From Workers Comp?
There are several things you have to prove to achieve a successful claim.
The most common reasons for workers' compensation denial are related to failing to prove these things.
Injury Isn’t Related to Work
First, you have to prove your injury is work-related.
The primary reason workers’ compensation is denied is that the injury isn’t actually related to work.
To qualify for proper compensation, you must sustain your injury in the course of fulfilling work-related duties.
This usually doesn't include commuting to and from work or participating in employer-sponsored recreational activities.
You may need to file a personal injury lawsuit if you are injured under those circumstances.
Your employer may also try to pass your injury off as unrelated to work when it actually is.
Missed Deadlines
Another reason your workers compensation claim could be denied is that you missed a deadline.
You need to notify your employer as soon as your injury and file an incident report.
In some states, the deadline for reporting an injury is 45 days, and you have three years to file a claim or within two years of when you last received benefits for the injury, whichever is later.
If you don't meet these deadlines, it will be nearly impossible to receive workers’ compensation benefits, even if you check all the other boxes.
Intoxication, Horseplay, and Fighting
If you are intoxicated on the job and are injured as a result, you might not win a claim for workers compensation.
Your employer will have to prove your intoxication was the sole proximate cause of your injury.
If there were other factors, you could still receive compensation, even if it is reduced.
Engaging in horseplay or starting a fight can also disqualify you from compensation benefits.
Again, your employer has to prove you voluntarily engaged in horseplay or started the fight.
Engaging in a fight that isn’t related to work will also typically bar you from receiving benefits.
Is It Worth Getting a Workers Comp Attorney?
If your work injury is severe and things get contentious between you and your employer or the insurance company, it is worth it to at least speak to a workers comp lawyer. A twisted knee, strained back, or spinal cord injury can require surgery, quickly making things serious.
You might not need to hire an attorney every time you have a claim, but you should always talk to one so they can explain how the process works and the range of benefits you are entitled to.
If you’re worried about the expense of hiring a lawyer, not calling one could end up costing you a lot more.
Most personal injury attorneys work on a contingency fee basis, so they only get paid if they win your civil lawsuit.
How To Find a Good Workers Compensation Lawyer
More and more injured workers find workers compensation law firms online.
If you've identified potential attorneys through online ads or popular review sites, you should do more research before hiring them for your case.
Study the potential attorney's website carefully and look for the following:
- An emphasis on workers' comp expertise
- Membership in professional organizations
- Articles, blog posts, presentations, or other information about workers' comp law
- Testimonials from former workers' comp clients
You shouldn't base your choice of attorney entirely on a website, but it's still a useful indicator of a lawyer's level of knowledge, experience, and professionalism.
Once you decide on a few law firms that interest you, set up a free initial consultation to speak with all of them before making your final decision.
Contact Helping The Hurt
You need to file your claim as soon as possible after the work accident occurs.
If you fail to comply with the deadlines, you could lose your chance of compensation for your injuries. This is where experienced representation comes in.
The whole thing is a complex process, but working closely with your attorney will prevent you from missing deadlines and ensure that the proper documentation is filled out correctly and promptly.
If you're ready to speak with an attorney, Helping The Hurt has a team of highly experienced representation to assist you with your workers' compensation case.
Our work injury attorneys believe you are workers' compensation benefits and have a deep understanding of the process.
We offer new clients a free case review with one of our expert accident attorneys.
If you have been injured on the job, do not hesitate to call or click the button below to schedule your free consultation.
References:
https://reasonoverlaw.com/blog/4-things-an-experienced-workers-comp-lawyer-will-do-for-you/
https://www.hartdavidcarson.com/news/what-can-disqualify-you-from-workers-comp/
https://workerscompensationexperts.org/lawyer/when-to-hire-a-workers-comp-lawyer/
https://www.nolo.com/legal-encyclopedia/what-should-you-look-workers-comp-lawyer.html
