Should an employee have the misfortune of becoming injured on the job, they may consider hiring an experienced attorney to assist in filing a claim. However, there are some situations where an employee may feel they have no need involving a legal expert. To be frank, there are some claims that an individual can file on their own. At the same time, there are some workplace injury situations that require the expertise of a worker’s compensation attorney.
So, how can an employee decided whether or not to hire a worker’s compensation attorney? First, consider the severity of the injury, the way in which your employer handles the injury, and the complexity of your upcoming case.
In What Situations can I Handle my own Case
There are a few circumstances in which you are most likely able to file a worker’s compensation claim successfully without the assistance of an attorney. However, there are some factors that should all be true where your case is concerned.
If these four situations are descriptive of your situation, you can likely represent yourself regarding your worker’s compensation claim:
- The workplace injury you suffered is minor, such as a sprained ankle or a cut that required stitches.
- Your employer admits the accident took place on the worksite while you were working.
- You missed either very little time away from work or you missed no work at all due to the injury.
- You don’t have a pre-existing condition in the area of the body where the injury occurred.
Most of these situations make the worker’s compensation claim process fairly uncomplicated, and employees will likely be able to file their own claim successfully. However, if you still feel conflicted about your ability to take care of your claim without legal expertise, you should take advantage of a free consultation with an experienced worker’s compensation attorney to evaluate the case.
When You Should Hire a Worker’s Compensation Attorney
If any issues arise regarding your worker’s compensation claim, then you should hire an attorney as soon as possible. Has your employer decided to question whether your injury took place at work? Have you had to miss more work due to the injury? Is your employer’s insurance company reneging on their original offer to pay the claim? Then it’s definitely time to hire an experienced worker’s compensation attorney.
Your employer denies the initial claim, or the employer doesn’t pay promised benefits in a prompt manner.
Many times, employers will deny the initial claim for a worker’s compensation claim, even if it is a bonafide claim. Statistically, many employees without proper representation won’t file an appeal, and these individuals lose out on valuable benefits.
Hiring an experienced worker’s compensation provides individuals with the best chance of not only seeing an initial claim settled, but the attorney is also available to assist with any possible appeals employees may need to file.
Your employer offers a settlement, but this doesn’t cover your medical bills or lost wages.
Your employer didn’t deny your claim, but the settlement offer they are proposing is lacking. Maybe the offer pays medical bills, but doesn’t compensate you for missed work. Perhaps the settlement only pays a partial portion of medical bills and a partial amount of the time you missed at work. If you feel the employer settlement doesn’t meet your needs, then consult with an experienced worker’s compensation attorney.
Although you may have already gone before a judge in the case – and the judge approved the settlement amount – you don’t have to settle for an offer that doesn’t truly compensate you.
The medical issues you’ve developed as a result of the injury prevent you from returning to work or limit what you can do at work.
Employees who have developed a permanent disability as a result of a work injury should seek the assistance of an experienced worker’s compensation attorney. You may be entitled to receive a lump sum payment or weekly payments that represent compensation for lost wages. Because these payments are expensive for your employer’s insurance company, the company – or your employer – will often deny your worker’s compensation claim.
The disability has left you unable to work, and you plan to – or have – file for SSI benefits.
Even if you have won a worker’s compensation claim, if the settlement isn’t structured properly, you may see a significant reduction in your SSI (disability) benefits.
One important job of worker’s compensation attorneys is to read through settlement paperwork to ensure that the worker’s compensation settlement does not take away from any disability benefits you may receive.
Your employer retaliates in some way after you filed a worker’s compensation claim.
Employees have the right to file a worker’s compensation claim should they become injured on the job. However, if you lose your job, see your wages cut, or find yourself demoted to a lower position, then you should talk with an attorney regarding the situation.
You were injured due to serious misconduct on the part of your employer or due to the actions of a third party.
If you were injured due to your employer’s failure to make sure the workplace is safe, then you’ll need the assistance of an attorney to garner your maximum benefits. At the same time, if you were injured, for example, while driving an employer-owned vehicle for the purposes of the job, you should also retain an experienced worker’s compensation attorney.
Finally, if your employer does not have worker’s compensation insurance, you will want to hire an attorney to navigate the case on your behalf.
A worker’s compensation attorney will represent you at hearings or at trial. The attorney will write any legal briefs or pleadings, and they will gather medical evidence to benefit your case.
Don’t go it alone should you become injured in the workplace. Hire an experienced worker’s compensation attorney to assist with your case and get the benefits you deserve.