After a workplace injury, your top priority is probably getting paid for your medical bills and lost wages as quickly as possible. Sometimes, hiring a workers’ compensation lawyer is the best way to make this happen. Other times, you may be able to handle the case on your own successfully, particularly if you had a minor injury, your employer acknowledges that it happened on the job, you didn't miss much work, and you don't have any complicating medical issues like preexisting conditions. If any of those things aren't true, it would be in your best interests to enlist the help of an attorney.
You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision. Unfortunately, some workers take the denial at face value and miss out on the benefits they're entitled to receive.
Appealing a denied workers' comp claim is often the only way to get the money you deserve. However, the appeals process can be complicated. It involves tight deadlines, formal paperwork, and detailed knowledge of substantive and procedural rules.An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you prepare for the workers' comp hearing, highlighting the strengths of your case with supporting evidence, and questioning witnesses effectively. A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a certain rule, meet a deadline, or submit a particular document.
In addition, having legal representation may increase your odds of getting a fair settlement without even going to a hearing. With an attorney in the picture, the insurance company will be more motivated to negotiate, and your lawyer will be able to evaluate whether you should accept the settlement offer.
You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award. Faced with the possibility of a high payout, the insurance company is more likely to rigorously fight your case. The insurer may also try to argue that your chronic condition was caused by something other than your work.
When the insurance company puts up a fight, you could face tactical delays, demands for independent medical exams, or low-ball settlement offers. An experienced workers’ comp lawyer will know how to deal with these types of insurance defense tactics and can help you get your medical expenses covered and receive a fair settlement or award.
If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition. Sometimes, doctors may disagree on exactly how much of a complex medical problem is work related and how much is related to old injuries or even the normal aging process. A lawyer can help you figure out whether it would be helpful to get a second medical opinion and how to go about that process. An attorney can also help you gather testimony from people such as colleagues or family members who are familiar with your condition before and after your workplace injury.
If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury. Permanent disability benefits can be very expensive for the insurance company, and it will do everything it can to minimize your disability rating (the measure of your long-term limitations). Insurance companies usually have high-powered lawyers working for them; having an experienced lawyer on your side will level the playing field.
Although you always have the right to represent yourself in your workers’ comp case, hiring a lawyer makes sense in many situations. Fortunately, it's also affordable, because workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you). This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front. And our survey of readers with workers' comp claims showed that those who hired a lawyer ended up with more money, on average, than others who represented themselves.
Most workers’ comp attorneys offer free consultations to review your case, discuss whether you need a lawyer, and give you an idea of what you might be able to recover.
