10 Signs You Need a Workplace Injury Attorney | 2023 Tips 

Workplace injuries can happen to anyone. According to the Bureau of Labor Statistics, there were 5.3 million nonfatal occupational injuries and illnesses in the United States in 2016. 

With so many people being hurt on the job, these workers must have a loud voice and advocate to assist them in getting the medical attention they need and deserve.

If you’ve ever been hurt at work, you understand how it may affect you physically, mentally, and financially. You might be entitled to workers’ compensation if you were injured at work. If your damage is more serious, or if your employer refuses to pay for your medical treatment, you may want the services of a workplace injury attorney.

Kindly review the table of contents for an overview of what to expect in this article.

When You Don’t Need a Workplace Injury Lawyer

Many people question after an accident, “Should I hire a workplace injury attorney?” Sometimes, you may not require the help of a workplace compensation attorney. You may not require the services of a lawyer if:

  • Your injuries are certainly work-related.
  • You do not require substantial medical care.
  • You do not suffer any disability forcing you to take time off work
  • There are no permanent injuries.
  • Your employer accepts responsibility.

An insurance provider will unlikely deny your claim if your case incorporates the abovementioned scenarios. In these situations, you are likely to receive the help you require without the help of an attorney.

10 Signs You Need a Workplace Injury Attorney

In other cases, having a professional workplace injury attorney is far preferable. The following instances may provide difficulties that only a lawyer can handle.

A workplace compensation attorney can assist you in getting a significantly better outcome in any of the following situations.

1. Your Employer Delays The Claim

If you are involved in a workplace accident, you must report your employer as quickly as possible. After you’ve informed the employer, they must contact their insurance carrier and file a claim.

If your employer does not act swiftly enough, it can harm you. A workplace injury attorney can help you start the process to get the compensation you need as quickly as possible.

2. Your Claim Has Been Denied

Insurance companies may decline claims for a variety of reasons. If your claim is denied, you can appeal the decision. The necessity to appeal a refusal adds difficulty to your case that you are likely unprepared to handle on your own.

The appeals process differs by state, but most include filing paperwork and presenting powerful evidence at a hearing. A worker’s compensation attorney will defend you and ensure your case is handled correctly.

3. Your Accident Leaves You Permanently Disabled

Permanent partial disability and permanent total disability are the two categories of disability. When an employee suffers a permanent partial impairment, he or she can still work, but not in the same capacity as before the injury.

A permanent total disability renders an employee unable to work at all. Disabilities are costly, and insurance companies may object. A workplace compensation attorney will work with you to ensure you receive the benefits you require following a disability.

4. You Are Not Receiving The Benefits

Depending on the severity of your injuries, you may be qualified for workers’ compensation benefits. However, not all injuries qualify. So, how do you know if you’re eligible?

Speak with an attorney to determine what workers’ compensation owes you. 

They have experience with workers’ compensation claims and can assist you in fighting to safeguard your rights to collect any benefits you are entitled to.

5. You Are Suffering From a Preexisting Condition

If you have a preexisting condition in the same location where you were wounded in your workplace accident, you might expect the insurance company to fight back and blame it on your condition.

A workplace compensation attorney can assist you in gathering evidence to show that your injuries were caused directly by the accident.

6. You Cannot Get The Treatment You Need

Your injuries may cause medical treatment, including surgery. The insurance company may postpone or deny your essential therapy, especially if it is pricey. A workplace injury lawyer can help you get the insurance company to pay for your treatment.

7. The Settlement Offer From The Insurance Company Does Not Cover All Of Your Medical Bills Or Lost Wages.

Following a workplace injury, you must be examined by a doctor. You will be assigned an impairment rating based on how much your job accident has permanently harmed you.

Your rating determines the compensation you receive, and if your rating is poor, you may not receive enough to pay all linked expenses and lost wages. A workplace compensation attorney can assist you in obtaining the right rating.

8. Your Employer Retaliates Against You For Filing a Workers’ Compensation Claim

Employers may not retaliate against an employee for filing a workers’ compensation claim. Retaliation can take many forms, including demotions, reduced work hours, transfers to another area, or even termination. A workplace injury lawyer can assist you in fighting retaliation from your employment.

9. You Receive Other Government Benefits

Receiving workers’ compensation benefits may affect the amount of Social Security Disability Insurance (SSDI) benefits you get or intend to receive. A workplace injury attorney can devise a strategy to help lessen the impact on your benefits and guarantee you are receiving the fairest benefits possible.

10. You Are Attending a Workers’ Compensation Hearing.

If you are dissatisfied with the outcome of your claim, or if your claim is denied entirely, you may appeal the insurance company’s decision. In most states, this includes a hearing. A hearing is a serious matter; you would be far better off having a workplace compensation attorney represent you.

The Benefits Of Hiring a Workplace Injury Attorney To Fight For You

1. They Are Professionals With Objectives.

A workplace injury can inflict excruciating physical agony and mental trauma. The agony and suffering you have undergone because of your accident may make it difficult for you to bring objectivity to your case. Your personal feelings and ideas may interfere with your ability to stay focused on the facts of the case.

A workplace injury lawyer is only concerned with the facts of your case. They will provide an informed viewpoint to your case, allowing you to get the compensation you deserve. They will fight for you without regard for inconsiderable matters.

2. They Are Excellent Negotiators.

To negotiate the compensation you should receive, the opposing party will put their best foot forward. You’ll have to deal with their insurance agent or their lawyer. These pros have been trained to drive a hard bargain, and you will be no match for them.

Even if the other party is at fault for your injuries, their agents may persuade you to accept a settlement that does not compensate you for your losses. Remember that they are looking out for their client’s best interests, not yours.

You should engage a workplace compensation attorney to level things out and improve the money you receive.

3. They Can Assist You In Getting The Medical Attention You Require

If you contact your workplace injury attorney as soon as possible following your injury, they will assist you in obtaining quality treatment. They may know medical professionals who can treat your injuries.

The correct medical team will not only help you recover quickly but will also help you get the most out of your personal injury claim. If your case goes to court, doctors can testify.

4. They Can Give You Options And Assist You In Selecting The Best One

If you are unfamiliar with the process, filing a workplace compensation claim for your injuries might take time. In most cases, you have two options. You can file an insurance claim or a workplace injury lawsuit.

Court action should be used only as a last resort, as it can take time for the court to rule on your case. However, if the offending party refuses to accept responsibility for your injuries, this may be your only choice.

Depending on your situation, a workplace injury lawyer will advise you on the best line of action.

5. They Can Assist You With Litigation

If the offending party opposes your compensation claim, your next option is to sue. Even if your workplace injury claim is valid, going to court may work against you, especially if the other party has a lawyer and you do not.

Having a workplace compensation attorney on your side will help you level the playing field. You can also get the legal representation you require to maximize the value of your claim. They’ll collect all the evidence needed to win your case in court.

6. They Can Fast-Track Your Workplace Injury Claim

If you have to wait until your doctor gives you a clean bill of health before seeking compensation for your injuries, collecting a settlement may take too long.

If you engage a workplace injury lawyer, they will begin working on your compensation claim while you are still recovering. Lawyers have experience with similar situations, so they can foresee most potential obstacles. They understand how to avoid those setbacks.

7. They Will Review The Defendant’s Evidence

If your workplace injury claim is heard in court, the offending party’s legal team will attempt to show that they are not to blame for your injuries. If they present proof to back up their allegation, you must assess and dispute it. This will cause the use of a legal mind, thus, it’s a smart idea to contact a lawyer.

8. They Will Provide You With Peace Of Mind

Seeking compensation for injuries sustained in an accident can be a stressful and time-consuming procedure. Having a workplace injury lawyer on your side will save you time and offer you the peace of mind to concentrate on improving.

Your lawyer will handle the complicated issues you don’t want to deal with.

9. They Can Keep Your Claim For Settlement On Track

If you are preoccupied with other matters, you may be unable to fulfill rigorous deadlines for filing your workplace injury claim documents.

A workplace injury lawyer monitors timing and procedures to ensure that things happen within the time frames specified. This will assist you in keeping your compensation claim on track. This is critical to ensuring that your claim is settled as soon as possible.

10. They Will Improve Your Chances Of Receiving The Compensation You Deserve.

When pursuing a workplace injury claim, you aim to get the full compensation you are entitled to for your injuries. However, remember that the tax treatment of workplace injury settlements is complicated and unclear.

The purpose of the infringing party’s insurer will be to ensure that you receive the least amount of compensation possible through third-party capture. After all, they are enterprises looking out for their own financial interests.

Hiring a workplace compensation attorney eliminates the possibility of settling for less than your case is worth.

Cons of hiring a Worker’s Compensation Attorney

There are good reasons you should hire an attorney. But you may also think to leave it out if your injuries are minor and no workdays are missed. However, these are the disadvantages of your decisions if you eventually decide to hire one.

  • Hiring an attorney could prolong the process if the injury is small and you don’t anticipate it will result in long-term problems.
  • Some employers might view you negatively if you are a litigious employee or view you as being excessively aggressive.
  • A portion of your claim will be used to compensate your workers’ compensation lawyer.

On the other hand, a skilled workers’ compensation attorney may very well obtain for you a better settlement than you could expect to obtain on your own.

What to Expect If You Handle Your Workplace Injury Case Alone

You may wish to handle your claim entirely on your own. While you are not legally obligated to hire a worker’s compensation attorney, you will most likely discover that having a qualified lawyer is in your best interests.

You will probably come across terminology, papers, and unfamiliar circumstances throughout your workers’ compensation claim. Also, you risk mismanaging your claim and receiving a poor outcome if you lack the information required to handle your claim on your own correctly.

FAQs

When is the best time to hire a workplace compensation attorney?

The best time to hire a workplace compensation attorney is immediately after injury. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.

How much is a compensation attorney’s fee?

The laws and regulations for attorney’s fees vary depending on where you live.
In California, the workers’ compensation judge will allow a fee of 10%, 12%, or 15%, according to the complexity of your case. If you settle for $40,000, your attorney’s fee could be anywhere from $4,000 to $6,000.

What are the most common work injuries?

The most common work injuries are slips, trips, falls, overexertion, and contact with equipment. These injuries are mostly preventable by taking the proper precautions and adhering to OSHA’s guidelines.

Conclusion

A workplace injury attorney has the knowledge and experience to assist you in obtaining the desired outcome. 

You can have some much-needed peace of mind knowing that your lawyer completely understands your claim and is doing everything possible to obtain the benefits and compensation you require following a workplace injury.

References

Recommendation

Leave a Reply
You May Also Like