If you’ve experienced a workplace-related illness or injury or injury, you might be contemplating whether you should hire an attorney Workers’ Compensation attorney. The answer is contingent on the degree of your injuries as well as the overall difficulty of your case along with the actions taken by your employer (or the insurance company it contracts with).
Similar ProductsAccident Claim Worksheet This workbook can help you keep the track of… general mutual ReleaseIf you’re involved in an argument where both sides agree to… What you need to do to Resolve Your Personal Injury Claim on your own with…View More
If You’re able to possibly represent Yourself
In general you might be able to do without an attorney if any of the following statements are true
- You sustained a minor accident at work, such as the ankle being twisted, or a cut that needs only a few stitches.
- Your employer acknowledges that the injury occurred during the workplace.
- There was no or little work due to the injury.
- There is no existing condition that is affecting the same part in your body that was affected by the accident at work (such as an injury to your back from an accident in the car which was present before you fell and injured your back while working).
Even in such simple situations, it’s usually recommended to speak with an attorney for workers’ compensation for a no-cost consultation regarding your situation. A lawyer will guide over the procedure, point you to possible pitfalls and provide you with an honest assessment of how you might manage the situation by yourself.
How to hire a lawyer
Any time a problem arises in your case , that’s the time to engage counsel. Here are a few examples of situations that require an attorney’s assistance:
- The employer denies your claim or fails to pay your benefits in a timely manner. Employers and insurers frequently deny genuine workers’ compensation claims and are confident that the majority of employees aren’t able to contest the decision. They’re generally right. Employing an worker’s compensation lawyer cost nothing upfront (more on this later) and will give you the best chance of receiving an equitable settlement or award for your injuries.
- The settlement offered by your employer does not cover your entire loss of earnings or medical expenses. If you’re not certain that a settlement is worth the money do not rely on the judge who handles workers’ compensation to determine if you’re getting fair compensation. While workers’ compensation settlements require judicial approval, judges usually give their approval on any settlement as they believe it’s not wildly unfair. If you’re really looking for someone to negotiate the most favorable settlement get in touch with an attorney.
- Your medical condition prevents them from returning to their former job, or limit your ability to work, or prevent you from working in any way. If you’ve suffered permanent disability, whether total or partial, you could be eligible for weekly installments (or one lump amount) to compensate for the loss of wages. These kinds of cases can be extremely costly for insurance companies, and they’ll usually go to any lengths to avoid making you the amount you’re due. An experienced workers’ compensation lawyer is vital when dealing with cases that involve permanent injuries or illnesses.
- You are eligible to receive or submit a claim to apply for Social Security disability benefits. If your settlement hasn’t been structured correctly the workers’ comp benefits could drastically decrease Social Security disability payments. A knowledgeable attorney will know how to structure the contract in order to reduce or eliminate the effect of this offset.
- Your boss is retaliated against you for submitting an injury claim. If your employer has dismissed you, degraded you, reduced your hours, lowered your wages or engaged in any other type of discrimination due to the fact that you made a workers’ compensation claim, consult an attorney for workers’ compensation immediately to defend your rights under the law.
- The cause of your injury was an act of another party’s or your employer’s gravely negligent or conduct. The workers’ compensation system was created to stop civil lawsuits arising from work-related injuries. However, you’re able to bring a claim outside of compensation in certain instances in which you are suing someone other than your employer has contributed to the injury (such as the reckless driver who struck you when you were driving to work) Your employer does not have insurance for workers’ compensation or the employer has intentionally caused the injury. A skilled attorney can clarify the law’s application to your particular situation.
What Attorneys Can Do for You
Alongside ensuring you complete all necessary forms and adhere to the deadlines, a skilled attorney will be able to collect the evidence required to prove your case, effectively negotiate with the insurance company and draft a settlement agreement to prevent unanticipated outcomes. If you’re unable to reach a consensus to a fair deal, the attorney will assist you and defend you in the trial or hearing. Find out more about what a skilled WC lawyer in NYC for workers’ compensation should be doing in addition to what you should look for in a worker attorneys.
You can tilt the scales in your Favor
The system of workers’ compensation was designed to provide timely and fair compensation for injured workers. However, now it appears to be working primarily for benefits for employers as well as insurance companies. In addition, insurance companies have highly skilled attorneys on their side. Engaging a knowledgeable and experienced lawyer can help in shifting the balance to your advantage. Due to the manner in which lawyers for workers’ compensation cost fees for services they provide, you will only get a tiny portion of the money you win.