Benefits Of Hiring A Workers Compensation Attorney
Many injured workers asked the question, why hire a work comp lawyer? There are many reasons to hire a workers compensation attorney however I’ll try to summarize the most important benefits to hiring a work injury lawyer.
The worker’s insurance company will have a work injury attorney assigned to defend them against you and your work comp claim. Their adjusters and work injury lawyers are highly experienced and will generally circle around you. An experienced workers compensation lawyer who only represents injured workers can make sure you are being treated fairly and receive the work comp benefits you deserve if you have been injured on the job.
A local and experienced workers comp attorney can assist you with selecting the right doctor, negotiate with the insurance company and represent you at the Workers Compensation Appeals Board. Most workers comp cases settle before trial, and an experienced attorney can get you the settlement you deserve. If your case goes go to trial, you are going to want an attorney familiar with that court with years of trial experience. Representing yourself is not recommended unless you have years of workers comp experience and knowledge.
Hiring an experienced workers compensation attorney is cheap. A personal injury attorney will charge anywhere from 33% to 50% of your final accident settlement. Worker’s comp lawyers generally work for a 15% fee of your final settlement. Because of the attorney’s years of knowledge and experience, the lawyer generally pays for himself or herself by the value they bring to the work comp case. If your claim is denied, a work injury attorney can definitely help you.
A reputable and local workers comp lawyer will be familiar with your regional Workers Compensation Appeals Board and their judges. The Appeals Board is the court where your case will be heard. The work injury lawyer will save you from the work comp paperwork nightmare which is part of the system. You will no longer have to deal with a workers comp insurance company as your work injury attorney will take over that task for you. You will not have to deal with work comp carrier any longer.
If you have suffered a work injury, you already have enough to worry about. Your work injury lawyer can also help you obtain benefits if you are unable to work as a result of your work comp injury. Those benefits may be in the form of temporary disability from the workers compensation insurance company or in the form of state disability payments in your workers compensation claim is denied.
Hiring the right local experienced Worker’s Comp attorney, preferably a member of the California Applicant Attorneys Association, can help you navigate your case from beginning to end for the best possible outcome for you.
5 Benefits Of Hiring A Workers-Compensation Lawyer
Any type of on-the-job injury that left you with a significant injury – and out of work – is a challenging situation that can be difficult to address. Even if your employer is doing everything right to help you, seeking legal advice is a wise strategy to maximize the return of any compensation and to protect your rights before going back into the workplace.
Every state offers varying levels of benefits and protections related to workers compensation issues, regardless of who is at the fault for the injury, and the circumstances around the incident. Ultimately, if you were hurt while at work, then you should have some access to benefits. However, it’s not that cut and dry when it comes to work-related injuries, and it’s possible to be buried under an avalanche of confusing paperwork that draws out the process longer than necessary.
Utilize The Legal Benefits Of Workers Comp Laws
“Often, the injured employee is concerned that if they file a claim, the company will terminate their employment, or there will be some form of retaliation or retribution against them. However, the law clearly protects the injured employee from such action,” said Todd J. Leonard, a prominent workers’ compensation lawyer in New Jersey.
Keep in mind that each state has different laws related to worker compensation, so it’s important to consult with an attorney specializing in your specific geographic location. Trying to make sense of laws related to workers compensation is something that you shouldn’t try to do alone – and your attorney will be able to better explain each step of the process to you.
Proper Representation Helps Negotiations
Finding a qualified attorney will make it easier to fill out the necessary paperwork, negotiate litigation, prepare for trial, go before the workers’ compensation appeal board, or whatever else is required at that time.
Whether you haven’t received disability benefits, your employer won’t report the injury, refusing to pay anything, there are a number of different scenarios that could play out here. Retaining legal counsel will undoubtedly give you an advantage while trying to navigate your legal choices.
Open Up The Channels Of Communication
Your company’s attorneys and doctors very well could try to give you the run around. However, hiring an attorney will help make any communication with opposing counsel significantly easier. Not only will they be able to provide guidance and advice, but the attorney will also be able to tell you when it’s in your best interest to not speak with anyone.
Interacting with other parties also becomes easier because you’ll have assistance to speak on your behalf when absolutely necessary. If in doubt, it’s better to remain silent and let your attorney answer questions for you, or ask first before speaking with doctors and insurance companies.
All Of Your Questions Answered
When it comes to any type of dispute with an employer or insurance company, it’s not uncommon to have a long list of questions that you want to be answered. Working with an attorney ensures all of these questions will be properly answered – and if not by the attorney, then they’ll be able to point you in the right direction to help you.
It can be a tedious process to collect medical records, fill out paperwork, collect witness statements, file court documents, and other necessary steps required for a successful workers compensation claim, with questions potentially popping up along the way.
Focus On Yourself And Family
There is enough on your plate after dealing with a worker’s compensation-related issue. Instead of worrying fully about work and the legal situation, hiring a lawyer gives you the opportunity to focus on healing – and potentially going back to work, once physically and mentally able to. It doesn’t matter if a claim was denied, preexisting conditions were seen as a mitigating factor, insurance companies are blocking you from getting paid or treated, or some other issue, the lawyer can help you efficiently cut through the red tape.
Final Thoughts
An injury at work and the subsequent bureaucratic hoops that you may need to jump through following an avalanche of paperwork can be a lot to overcome. Trying to secure long-term benefits very well could be difficult without guidance from experienced counsel, as the paperwork and legal proceedings can be extremely challenging if you’ve never been through the process before.
Workers Compensation
Workers compensation, also known as workers’ comp, is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. It is designed to protect both employees and employers by providing financial support and ensuring that injured workers receive proper medical care.
Here are some key points to understand about workers’ compensation:
- Coverage: Workers’ compensation laws vary by country and region, but in general, most employers are required to carry workers’ compensation insurance. The coverage typically applies to all employees, including full-time, part-time, and seasonal workers.
- Benefits: Workers’ compensation benefits aim to cover medical expenses related to the work-related injury or illness. This includes doctor visits, hospitalization, medication, physical therapy, and rehabilitation. In addition, workers may receive wage replacement, typically a portion of their regular wages, during the period they are unable to work due to their injury or illness.
- No-Fault System: Workers’ compensation operates on a no-fault basis, meaning that employees are entitled to benefits regardless of who caused the injury or illness. Even if the employee’s own actions contributed to the accident, they are still generally eligible for benefits, with some exceptions for cases involving intoxication or intentional self-harm.
- Exclusions: While workers’ compensation covers most work-related injuries and illnesses, there are some exceptions. Injuries resulting from employee misconduct, such as fighting or willful negligence, may not be covered. Similarly, self-inflicted injuries and injuries occurring while the employee is not on the job are typically not eligible for benefits.
- Filing a Claim: To receive workers’ compensation benefits, an employee must report the injury or illness to their employer within a specified timeframe. The employer then assists in filing the necessary paperwork with the workers’ compensation insurance provider. The claim is evaluated by the insurer, which determines the eligibility for benefits based on the circumstances of the case.
- Legal Support: In cases where a workers’ compensation claim is denied or disputed, employees have the right to seek legal representation to appeal the decision or to navigate the legal process. Workers’ compensation laws can be complex, and having legal assistance can ensure that employees receive the benefits they are entitled to.
It’s important to note that workers’ compensation laws can differ significantly between countries, states, and provinces. If you have specific questions or need detailed information about workers’ compensation in a particular jurisdiction, it’s advisable to consult with a legal professional or the appropriate government agency responsible for overseeing workers’ compensation.
Prepare and write by:
Author: Mohammed A Bazzoun
If you have any more specific questions, feel free to ask in comments.
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