If you’ve been hurt on the job, you might be questioning whether you should consult a workers’ comp attorney. Many workers are unfamiliar with workers’ compensation or don’t know about it at all. It’s a complex area, so having someone to help navigate it can be invaluable.
An experienced workers’ comp lawyer can ensure you get the benefits you’re entitled to. Here are some considerations to help you determine when it’s the right time to hire one.
What Does a Workers’ Compensation Lawyer Do?
A workers’ compensation lawyer focuses on cases involving workplace injuries and illnesses. They’re well-versed in the laws and rules governing workers’ compensation, guiding you through the intricate legal journey.
What Types of Injuries are Eligible For Compensation?
Injuries can occur in various situations, like breaking an arm from slipping on a wet supermarket floor, straining your back while lifting heavy boxes at work, or suffering whiplash from a rear-end collision at a traffic light.
If you’ve been injured due to someone else’s negligence, whether at work, in public, in a medical facility, or a car accident, you may be eligible to claim damages against them. Our team of compensation lawyers can assist you in claiming various benefits tailored to your injury.
A skilled compensation lawyer is dedicated to helping injured individuals seek compensation for both physical and emotional injuries, ensuring they receive the necessary support for expenses such as:
- Lost wages if you can’t work
- Current and future medical, travel, and rehabilitation costs
- Lump sum for permanent disabilities
- Assistance with daily tasks
- Death benefits, including funeral costs
- Compensation for property damage
10 Indicators That It’s Time to Consult a Workers’ Comp Attorney
1. Your employer or their insurance company disputes that the injury or illness occurred at your workplace.
This situation can arise if an injury isn’t reported or worsens while at work. Sometimes, even if the injury was reported, insurance companies might still deny the claim.
Mounting a strong appeal demands a grasp of your entitlements to compensation that you might not have on your own. An experienced attorney increases your chances of a successful claim.
2. Your employer is missing deadlines for handling your claim.
Ideally, you should inform your employer about the injury or illness promptly. They are then obligated to provide specific paperwork and report the incident to their insurance provider or administrator. If your employer is slow to complete these tasks, it might be time to consult with an attorney.
3. You’ve sustained a permanent disability.
These claims are often costly and therefore more likely to face denial. If your doctor determines that you’re permanently unable to work, reaching out to a lawyer quickly is crucial.
4. Your employer disputes that the injury occurred at work.
If you didn’t report the accident immediately, your employer might argue that the injury didn’t occur on their premises. This can happen if you initially overlooked what seemed like a minor injury, only for it to worsen later. Employers also commonly deny exposure to harmful substances leading to occupational diseases, especially if the exposure was years ago.
5. The offered settlement seems insufficient.
Keep in mind, that insurance companies aim to settle cases as cost-effectively as possible—that’s their objective. If you feel the adjuster’s offer is too low, it’s wise to consult with a lawyer to understand your position better.
6. You have a pre-existing condition.
Many people experience back or neck pain at some point. If you have a condition that was exacerbated by a work-related accident, your claim may face challenges. An attorney can significantly improve your chances of getting your claim approved.
7. You’re planning to apply for Social Security disability benefits.
Coordinating your workers’ compensation benefits with Social Security benefits is crucial for optimizing your monthly income.
8. The injury was caused by a third party.
If someone outside your workplace or a business contributed to your injury, you might have an additional claim separate from workers’ compensation.
9. The insurance company denies coverage for necessary treatment.
When you’re simply trying to recover and the insurance company refuses to cover treatments recommended by your doctor to help you return to work, it’s a sign you may need legal assistance.
10. Your employer takes adverse actions against you.
Being terminated, demoted, or having your hours or pay reduced after filing a workers’ comp claim could indicate retaliation, which is illegal. Being pressured to return to work before receiving medical clearance is also considered retaliation. In both scenarios, it’s essential to seek the guidance of an experienced attorney.