Imagine that you’re at work and are required to lift a stack of boxes. Your boss comes up to you halfway through lifting the boxes and gives you a bow & arrow.
Although he doesn’t, you feel the pain in your neck and shoulder.
You will need medical attention, regardless of whether it’s a pulled muscle strain or a slipped disk. This means that you are about to enter the Workers compensation maze
Who are you going to call?
People make the first call to a workers compensation lawyer. This is a brilliant idea.
Let us explain the differences and help you decide when it is time to get legal advice.
Signs that you should get a workers comp lawyer
Your company’s or its insurance carrier’s handling of your case will decide if it is in your best interests to hire a lawyer. Here are 10 signs that you should hire a workers compensation attorney to represent your case.
It was denied by your employer or insurer.
This happens often when a minor injury occurs at work but is not reported. The injury becomes more severe at work and the employer/carrier claims that the original injury did not occur at work. This can also happen if the long-term side effects of being exposed to something at work cause a disease.
Your employer is slow to respond to your claim
You should notify your employer immediately if you are injured on the job. You must get the paperwork from your employer. Then, you can report your case to the state workers compensation board. File a claim With its insurance carrier. Although reporting regulations and deadlines can vary from one state to the next, it should take no more than 30 days to complete.
Permanent disability can result in you being unable to return fully to work. Because these claims are most costly, insurance companies are more likely than others to challenge them.
If your doctor recommends treatment, the insurance company will not pay. This is also a common practice for injured workers who need rehabilitation visits that the insurance company does not consider necessary.
If your insurance company denies you a claim, –Appealing a decision can be complicated, and it is advisable to seek expert advice. Branham stated, “If it becomes contentious, or if there is a disagreement, it’s time for a lawyer.”
If the settlement offer does not cover all medical bills and lost wages, The majority of worker comp settlements are for permanent disabilities benefits. These benefits are determined by rating systems that are determined by doctors. You may need to obtain an independent rating if the insurance company disagrees with your rating. Independent medical exam (IME).It can be done by any doctor it chooses. You can be sure that the doctor will give you a lower rating then you (and your sore neck!) feel. A lawyer can convince a judge that you deserve a higher rating.
Pre-existing conditions are present Insurance companies will most likely point out that you have had neck problems since lifting the heavy box. To prove the contrary, you will need to provide evidence.
Social Security Disability Benefits – You can file for Social Security benefits These benefits, also known as SSDI or SSDI, can be reduced by workers’ compensation benefits. An attorney can help you structure your settlement in a way that minimizes or eliminates the offset.
Your employer will retaliate against you A lawyer can help you argue that the penalties are not justified if you are demoted, fired, or have your hours cut, or are forced to return to work early.
You may have a third-party claim.
You can also leave the workers’ comp system. File a workers compensation lawsuit If someone else than your employer caused your injury, you can sue them. You can sue your employer if you are injured by a negligent driver while driving to work.
Signs you should not get a workers comp lawyer
The injury is not serious and does not require any medical attention. These types of cases are handled by the workers’ compensation system.
There is no preexisting condition that was made worse by the accident. Preexisting conditions may make it more difficult to file a claim. For example, a neck injury sustained in a car accident that was aggravated by a fall at the workplace.
You do not miss any work This type of claim should not be complicated.
Do I need a lawyer for workers comp?
Every injured worker has to ask themselves if they should hire a lawyer for workers compensation claims. The truth is, most injuries – such as an injured ankle, cut on one’s arm, or sore back – can be treated quickly with a bag of Ice, a visit to the doctor, and a few Aspirin.
But, if you are unable to make it work for you, work injury If the situation becomes serious, and you have a dispute with your employer or the insurer handling the case; it is in your best interest to speak to a workers compensation lawyer. Things can quickly escalate from a strained or twisted knee to a knee or back operation.
Tom Holder, a well-known Atlanta worker’s comp lawyer, said that you don’t need to hire an attorney for every claim. However, it is a good idea to at least contact one to explain the process and give you information about what benefits you may be entitled to.
Do not assume that your case will become a legal food fight.
Jeff Branham, a Florida workers compensation attorney, stated that too many claimants do not get a lawyer within 24 hours of the accident.
However, if you are worried about causing trouble at work, or the cost of hiring a lawyer to represent you, it could end up costing more.
“The public perceives that I cannot afford a lawyer or that it will cause unnecessary delays or take too much from my award,” stated Judge Neal Pitts, a Florida Judge of Compensation Claims. It’s easy to see how a case can settle for $100,000 with a lawyer and $10,000 without a lawyer. It happens.
How to Handle a Case by Yourself
While SSDI and IME have been mentioned, what does the term AOE/CEO, cumulative Trauma, DEU, IIPP and PDRS mean to you?
You probably shouldn’t unless you are an attorney or love reading manuals on workers compensation. It is usually not a good idea to handle a case by yourself, especially as the insurance company will likely have someone who has handled hundreds of similar cases.
Even if employees win appeals, many would have preferred a lawyer to argue their case.
Judge Pitts stated, “Way more that half, way more.” “Probably closer than 80%. It is rare to find a situation in which the employee likes their insurance rep and the rep likes the employee.
What are the reasons to hire a lawyer for workers compensation?
You must immediately decide whether you want to contest the settlement decision.
Workers compensation can quickly become a legal maze of deadlines, paperwork, and evidence gathering. If you don’t know where you are, it’s easy for you to get lost.
What an attorney can do for you
Before your case is heard by a worker’s comp judge, there will be court proceedings. If you are successful, your lawyer will file all paperwork promptly, prepare your case, negotiate with insurance companies, and draft a settlement.
If it is, you will be hearing. It’s High Noon and everything will depend upon how persuasive your side is.
An attorney will not only prepare your argument but will also prepare you to give the best testimony. Cross-examination of witnesses from the insurance company is also possible. This job should not be left to amateurs.
Unlike civil cases, workers compensation law There is a safety net. The settlement cannot be finalized unless the judge has approved it.
They can also reject it Settlement If they feel the settlement is not fair or that the employee is being given a poor deal, they can reject it. A judge will usually reject a settlement if it is grossly unfair.
Avoid this situation by calling a lawyer immediately. It’s likely that you have been hurt on the job. It doesn’t take much for the following to cause pain in your neck.
