Navigating Workers' Compensation: When Should You Consult a Lawyer?

Law Blog

Sustaining an injury at work can be a devastating experience, not only physically but also financially. Most companies have insurance policies that cover employees who get hurt on the job, including medical expenses and lost wages. However, some employers may deny a workers' compensation claim, or the insurance provider may offer a low settlement amount that doesn't adequately address the worker's needs. In those cases, hiring a workers' compensation lawyer may be the best course of action for the injured employee.

Here are some situations where you should consider hiring a workers' compensation lawyer:

Your Claim Is Denied

Sometimes, an employer may deny a workers' compensation claim because they believe that the injury didn't happen at work or the employee is faking it. Likewise, an insurance company may deny a claim because they believe that the injury was pre-existing or not severe enough to warrant compensation. In such situations, it is advisable to consult a workers' compensation attorney who can examine the claim, collect evidence, and present your case in court.

You're Offered a Low Settlement

Insurance companies may provide injured workers with a speedy settlement without fully taking into account the complete scope of their injuries and related expenses. While accepting a settlement may seem tempting, it's better to consult a workers' compensation lawyer first to make sure that the settlement amount is fair and covers all the damages. An attorney can engage in negotiations with the insurance company to secure the most favorable result for the injured employee.

You Need to Appeal a Decision

If your workers' compensation claim is contested or if you are dissatisfied with the settlement offer, you have the option to appeal the decision. However, appealing a claim can be a complex and time-consuming process that requires expertise in workers' compensation law. A lawyer specializing in workers' compensation can assist you throughout the appeals process, build a compelling case, and advocate for you in court.

You're Facing Workplace Retaliation

Sometimes, an employer may try to punish an employee who filed a workers' compensation claim with demotions, layoffs, or terminations. This kind of retaliation is illegal, and the employee has the right to pursue legal action. An attorney specializing in workers' compensation can assist employees in lodging a complaint with the Equal Employment Opportunity Commission (EEOC) to safeguard their employee rights.

When hiring a workers' compensation lawyer, there are some things to consider:

• Experience: Look for a lawyer who specializes in workers' compensation law and has experience in handling similar cases. Experience and knowledge are critical when it comes to navigating the complexities of the legal system.
• Communication: A good lawyer should communicate clearly and frequently with their clients, answering any questions they may have and keeping them informed about the status of their case.
• Fees: Many lawyers specializing in workers' compensation operate on a contingency fee structure, which implies that they receive payment only in the event of a successful case outcome. Make sure you understand the lawyer's fees and how they're calculated before hiring them.

For more information, contact a personal injury lawyer near you.

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22 September 2023