Do I Need a Workers’ Compensation Attorney?

Workers’ compensation programs provide financial benefits to employees injured in work-related accidents. You can apply for workers’ compensation benefits without a workers’ comp lawyer. However, dealing with the claims process can be a frustrating experience. There are strict deadlines for submitting claims, and even minor mistakes can lead to denied claims.

Workers’ comp insurance carriers can reject workplace injury claims, leaving you without medical care or benefits. A lawyer can represent you to ensure you get disability benefits and medical treatment. Workers’ compensation laws and injury claims differ in every state. If you have questions about your state’s workers’ compensation system, talk to a local workers’ comp attorney for legal advice.

File Your Workers’ Comp Claim on Time

State laws require injured workers to notify their employers about work injuries within strict time limits. You also have to submit workers’ compensation claims within a certain period of time. The amount to give notice varies from state to state.

Most states give you between 30 and 90 days to make the necessary notifications. However, some states have a much shorter timeline. In Wyoming, you must notify your employer immediately and no later than 72 hours (3 days) after a work-related injury.

A workers’ compensation attorney will ensure you submit your claim on time. Your lawyer can also help gather other documents to support your workplace accident claims. Supporting documents include accident reports, medical records, and medical bills.

Benefits of Attorney Representation in Settlement Negotiations

Insurance adjusters have plenty of opportunities to offer injured workers less than they can receive. When an attorney accompanies you to the settlement negotiations, the workers’ compensation insurance company will take notice. They may think twice about offering an unfair settlement.

Lawyers familiar with workers’ compensation laws understand the available workers’ comp benefits. They know

how insurance companies try to lower your settlement and how to counter their tactics. They can negotiate firmly to reach an equitable and fair settlement offer.

Complex Injury and Permanent Disability Cases

Workers’ compensation claims for employees suffering catastrophic injuries can be costly for employers and insurance companies. This includes severe injuries with a partial disability or permanent disability. These types of workers’ compensation cases are carefully examined by the insurance company.

It’s not uncommon for employers to allege that the injuries were not work-related. Some employers accuse their injured workers of drinking or using drugs. Experienced workers’ comp lawyers anticipate these tactics and gather the evidence necessary to win.

Attorneys Understand Why Workers Have Their Compensation Claims Denied

State workers’ comp boards deny claims for several reasons. If they deny your claim, you can contact a lawyer to understand why. A workers’ comp lawyer can file an appeal for several reasons, including:

• Showing your employer wrongly disputed the facts of the accident
• Providing additional evidence that you suffered an injury covered by workers’ comp
• Disputing workers’ comp fraud claim
• Showing your employer illegally retaliated against you for filing a claim

Workers’ compensation acts often have strict deadlines. A lawyer can submit proof that you followed procedural steps with alleged delays or missed deadlines.

When employers claim that accidents were not work-related, your lawyer can provide evidence based on accident reports, OSHA investigations, or witness statements. Doctors can provide details about the nature of your injuries or illnesses. Timesheets can establish that you were on the job at the time of the accident.

In some cases, your employer may report you to the state for workers’ compensation fraud, even for an innocent mistake. A workers’ comp attorney can help you avoid problems on your workers’ comp claim to avoid fraud charges.

Workers’ Compensation Appeals Process

Going through a workers’ compensation hearing can be an intimidating experience. These are adversarial proceedings that can last from a few hours to several days. Judges may show little patience for employees who seem unprepared or lack the evidence needed to back up their claims.

Experienced attorneys who are familiar with these hearings can help you prepare for questioning. They can explain the workers’ compensation process so that you’ll know what to expect. Your lawyer can also present supporting documentation, including:

• Medical records to document injuries and treatments
• Payroll records to establish lost income
• Personnel records to verify that injuries were work-related
• Disciplinary records to counter arguments of misconduct
• Medical expenses and other job injury expenses
• Vocational and medical expert testimony

When To Consider Hiring a Workers’ Comp Attorney

It’s not uncommon for employers to dissuade you from filing a benefits claim. Most states have laws prohibiting this type of retaliation. Legal representation with a personal injury attorney can help protect your rights. Your employer may also take your case more seriously once they know you have a legal professional on your side.

In addition to a workers’ comp claim, some injured workers can sue their employers for accidents caused by recklessness. Injured workers who pursue their claims in court can recover additional compensation for pain, suffering, and punitive damages. Most workers’ comp lawyers offer a free initial consultation. You can get a free consultation to see if you need a workers’ compensation attorney and how they can protect your rights. Contact a local workers’ comp lawyer for a free case evaluation.