By: Capital Injury Law
When to Hire a Workers Comp Lawyer
If you’ve been injured at work, you may be entitled to workers’ compensation benefits, which can help cover medical expenses, lost wages, and other costs related to your injury. While workers comp claims are meant to be straightforward and don’t require a lawyer, there are situations where having a workers comp lawyer by your side can make a significant difference.
In this post, we’ll give an overview of the workers compensation process. Then, we’ll discuss scenarios and complications that may require a lawyer’s guidance.
Table of Contents
Workers Compensation: What it is and How it Works
Workers compensation is a type of insurance that provides benefits to employees who suffer job-related injuries or illnesses. It is designed to ensure that injured workers receive medical care and compensation for lost wages without the need for a lengthy legal battle. In exchange for these benefits, workers give up the right to sue their employers for negligence, with some exceptions.
Each state has its own workers comp system, but the basic principle is the same: when you’re injured at work, you file a claim with your employer’s workers compensation insurance provider, and if the claim is approved, you receive benefits to help you recover.
How to Apply for Workers Comp
The process of applying for workers comp is fairly simple, but it’s important to follow the steps carefully to avoid delays or complications:
- Report the injury to your employer as soon as possible—ideally, within 24 hours.
- Your employer should provide you with the necessary paperwork to file the claim.
- Once the paperwork is completed, your employer will submit the claim to their insurance provider.
- Seek medical attention for your injury. Make sure to follow all prescribed treatments and keep detailed records of your care.
What Does Workers Comp Cover
Workers compensation benefits typically cover the following:
- Medical expenses: Costs for doctor visits, surgeries, medications, physical therapy, and more.
- Lost wages: Compensation for a portion of the wages you lose while you’re unable to work due to your injury.
- Disability benefits: If your injury causes permanent disability, you may be entitled to ongoing benefits.
- Vocational rehabilitation: Assistance in finding new work if your injury prevents you from returning to your previous job.
These benefits are meant to help you recover financially and physically from a workplace injury, but there can be complications along the way that might require legal assistance.
Do You Need a Workers Comp Lawyer?
In many cases, workers comp claims are straightforward and do not require a lawyer. If your injury is minor, your claim is not disputed, and the benefits you need are clear, you can likely handle the process on your own.
However, workers comp cases can become complicated quickly, especially when disputes arise or your benefits are denied. That’s where a workers comp lawyer can make a huge difference. They may be able to help you get the benefits that were denied or greatly increase your settlement. In general, you should seek legal counsel if your workplace injury is severe, or complicated, or if the other parties involved are denying or hindering your claim.
Let’s look at some of the likely reasons you may need a workers comp lawyer.
Your claim is denied
If your workers’ comp claim is denied, you have the right to appeal the decision. However, navigating the appeals process can be complex and time-consuming. A workers comp lawyer can help you understand why your claim was denied, gather the necessary evidence to strengthen your case, and advocate on your behalf to ensure you receive the benefits you deserve.
The injury is difficult to prove
Some injuries, particularly repetitive stress injuries, may be difficult to prove. Similarly, if you already have an injury in the affected area and it’s difficult to prove the new injury from work, insurance companies will use this to try and deny your claim.
Without clear medical evidence or a specific incident to point to, your claim will be especially challenging. A lawyer can help gather medical records, consult with experts, and build a case to demonstrate the extent of your injuries.
Your employer or insurance isn’t cooperating
Ideally, your employer should give you the necessary paperwork and submit your claim to their insurance with no challenge. If they don’t, you might need legal support. Sometimes employers retaliate against employees who file a claim, which is illegal.
Even if your employer is cooperative, their insurance company might not be. It’s in the company’s best interest to minimize payouts. Therefore, they may look for ways to deny, postpone, or minimize your claim. You might even face challenges with your own insurance company to get medical expenses covered temporarily.
A workers comp lawyer can be invaluable for these conflicts. We know how to negotiate with insurance companies, defend your rights, and apply pressure where needed.
The injury is severe or permanent
If your injury is serious, results in long-term disability, or requires extensive medical treatment, the stakes of your workers’ comp claim are much higher. Your lawyer can help you pursue maximum compensation for your injuries, including ensuring you receive appropriate disability benefits and long-term care. They can also help you navigate any issues with returning to work, including vocational rehabilitation or job retraining.
Other complications
There are many other complications that can arise in workers comp cases. For example, if you were injured due to the negligence of a third party (such as a contractor or equipment manufacturer), you may have the right to file a personal injury lawsuit in addition to your workers’ comp claim. If your employer was at fault for the injury, that adds another complexity to your claim. A workers comp lawyer can help you explore all your legal options and ensure you’re not leaving any money on the table.
Schedule a Free Consultation with Capital Injury Law
If you’re facing complications with your workers’ comp claim, it’s time to get the help you need. At Capital Injury Law, our experienced attorneys are here to guide you through every step of the process, from filing your claim to securing the benefits you deserve. We understand the challenges injured workers face, and we are committed to fighting for your rights.
Remember, it never hurts to schedule a free consultation if you’re unsure whether you need a lawyer. Contact us today for a free case evaluation!
