Do I Need a Lawyer to Get Workers' Compensation Benefits?

Whether you would like an attorney to represent you after you're injured and have your workers’ compensation audit and claim depends on a variety of things.

When You Need an Attorney

If any of the subsequent is true, you ought to retain an attorney as soon as possible:

  • Your workplace injuries are severe enough to need surgery.
  • Your workplace injuries are moderate to severe. If you and your doctor believe your health won't return to the condition it had been before your injury, you'll be entitled to a “permanent partial disability” award.
  • You believe you're not ready to work on a daily basis in any job.
  • You believe you can't return to figure at your current job, but believe you'll add some capacity.
  • You have significant pre-existing disabilities.
  • You would wish to dispute an adverse decision made by your employer, your employer’s insurance firm, or your state's workers' comp division regarding your workers’ compensation claim.
  • You believe you're not receiving the right benefits, or wonder if there are additional benefits you'll receive.
  • Your medical benefits are denied.
  • Your employer has disputed a choice made by your state workers' comp division.
  • You do not understand the workers' comp process and would feel easier if an expert were representing your interests.
Regardless of the circumstances of your workers’ compensation claim, you're entitled to get an attorney. If your injuries are severe enough that your life will be permanently altered, either because of permanent bodily impairment or a change inability to work, a workers' comp lawyer will be ready to advocate on your behalf to make sure that you simply receive the medical aid and workers’ compensation benefits you're entitled to. In addition, if your injury may keep you from working permanently, a lawyer can advise you about filing for Social Security disability benefits also.

Most states offer vocational services to individuals that are unable to return to figure in their former jobs thanks to an industrial injury. A workers' comp attorney can assist you in navigating the system in order that you're presumably to receive retraining or monetary payment to help you while you obtain alternate employment.

If any aspect of your claim is at issue together with your employer or your employer’s insurance firm, it's important for you to get an attorney. In many nations, the dispute process is very legal, involving complex legal rules and procedures. You will likely be at an obstacle if you are doing not retain an attorney to represent your interests in these proceedings.

Request a Free Consultation

Most attorneys specializing in workers' compensation will offer you a free consultation, usually thirty to forty minutes, to review your claim and assess whether you would like an attorney. The attorney should be candid regarding your need for representation and your chances of success if you're considering appealing an adverse decision. The attorney can assist you to decide if you would like representation. And actually, if your case is fairly minor, the attorney may tell you that he or she isn't curious about taking your case.

One important item to note: typically, workers' compensation attorneys will represent you on a contingent basis. This means that the attorney will take some of the workers' comp benefits you receive as a result of the attorney's representation, but if you do not win any benefits, you won't owe the attorney anything.

Speaking to an attorney sooner, instead of later, can make sure that your claim is on the proper track from the start. It is easier for the attorney to collect evidence and push your claim within the right direction early in your claim, rather than catching up if your claim is already in litigation.

When You Do Not Need an Attorney

If your workplace injuries are relatively minor, you expect to travel back to figure together with your employer at your current job after a couple of days' or weeks' recoveries, and you do not expect your workplace injury to end in permanent loss of bodily process, you'll not get to hire an attorney.

For example, if you suffered an uncomplicated broken arm at work and therefore the workers' comp insurance firm paid your medical bills and a weekly benefit for the time you have been off work, and now your doctor has released you to travel back to figure without limitations and you are feeling completely healed, you almost certainly don't get to contact an attorney. But if you do not feel that you simply are completely healed, otherwise you aren't comfortable signing a settlement together with your workers' comp insurance firm (that will probably require you to give up any future rights to compensation or medical aid for your injury), you ought to arrange for a free consultation with a workers' comp attorney.

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