Workers’ compensation law is complicated and often difficult to navigate on your own. In many cases, obtaining a workers’ compensation attorney as early as possible can help you win your case. Even cases that appear to be straightforward at the beginning can result in a lot of stress. You don’t want to be taken advantage of by your employer’s insurance carrier or their legal counsel. For example, even preliminary findings such as the establishment of the case and average weekly wage can have detrimental effects later on if not properly determined from the onset. It’s important to consider your situation and identify signs that your case warrants an attorney to support you as your claim progresses.
When to Get a Lawyer for a Work Injury
Having a workers’ compensation attorney can make a significant difference during a challenging claim, especially if you encounter resistance from your employer or their carrier in any way. Here are some situations where having an attorney can be helpful:
Your employer is taking too long with your claim.
It’s important to inform your employer about your injury as soon as you can so they can begin the claim process. Your employer has to provide you with paperwork showing they have reported your case to the Workers’ Compensation Board and filed a claim with their insurer. If your employer takes longer than 30 days to complete these steps and get things underway, you should contact a lawyer.
Your employer and/or the insurance provider denies your injury happened at work.
This is a common argument made if your injury happened slowly over time. These types of injuries might start out mild but become aggravated through work activities. Sometimes this argument is used for injured workers who were exposed to conditions for a long period of time and led them to develop a disease.
The settlement you were offered won’t cover lost wages or medical costs.
If you received a settlement offer from the insurance company and feel it isn’t adequate, you don’t have to accept it. Workers’ compensation settlements have to be approved, but just because a judge signs off on it doesn’t guarantee the outcome is ideal. You may need an attorney to help you get the result you deserve.
Your employer retaliates against you for filing a claim.
There is nothing wrong with filing a workers’ compensation claim after facing an injury at work. If your employer takes some kind of action against you, such as firing or demoting you or reducing hours and pay, you should contact an attorney as soon as possible.
You suffered a partial or total permanent disability that prevents you from working again.
These kinds of cases are the most expensive, which means insurance companies may fight harder to combat your claim. If you suffered a very serious injury and received a lot of pushback during your claim from your employer’s insurer, an attorney might be your best bet at earning fair compensation.
You earn or plan to apply for Social Security disability benefits.
Depending on how it is structured, a settlement could lower how much you can collect from Social Security. Having an attorney is key to ensuring the settlement you accept doesn’t impact your benefits.
A third party’s actions led to your injury.
While you can’t sue an employer for work-related injuries, you may be able to prove a third party is liable and earn additional damages from them. These cases are complex, so it’s important to work with an attorney for both your third-party suit and workers’ compensation case.
Contact Lewis & Lewis Today
Workers’ compensation attorneys do not receive retainer fees, so there is no cost to consult with a lawyer to learn about your rights and entitlements. You also never pay a compensation lawyer directly. Although it’s better to receive counsel sooner than later, it’s never too late to work with an attorney. Whether your case is new or nearing completion, consider working with an attorney like the team at Lewis & Lewis who can assist you in navigating the complexities of workers’ compensation law and your entitlements.
