Do You Need a Lawyer to File a Workers’ Compensation Claim?
The workers’ compensation system is designed to provide injured employees with medical care and wage support. From the outside, the process seems easy. You fill out the paperwork and wait for your benefits.
So, you may be asking, Do you need a lawyer to file a workers’ compensation claim?
Sometimes, filing a claim is straightforward. Other times, it can quickly become a legal maze full of delays, denials, and frustrating red tape. In this blog, we will look at when you might be fine going it alone, or when it is time to have a lawyer in your corner. Knowing when to get legal help could make all the difference.
Filing a Workers’ Comp Claim Without a Lawyer
Can you handle this process by yourself? In some cases, the answer is yes. You can file a workers’ compensation claim without hiring an attorney. However, you may only want to do so if your employer and insurance company cooperate. With that, the process may go smoothly without legal assistance.
Here are a few signs your claim might be simple enough to manage on your own:
- Your injury is clearly related to your job
- You didn’t miss much work
- You received prompt medical treatment and are recovering well
- Your employer is not disputing your claim
- You are getting your benefits without any delays or denials
In these situations, you can use the resources provided by your state’s workers’ compensation board. You just need to make sure to file your paperwork on time and follow all medical advice.
When It’s Time to Talk to a Workers’ Comp Lawyer
Unfortunately, not every workers’ comp claim is easy. Sometimes things do not go as planned. With that, your claim gets denied, your benefits are delayed, or you are pressured to go back to work before you are ready. In these situations, you may want to reach out to a workers’ comp attorney. Here are a few situations when you could benefit from legal help:
Your Claim Was Denied
Many times, this can feel like a punch to the gut, especially when you know your injury happened at work. A lawyer can help on your behalf. They will review the reason for the denial, gather additional evidence, and guide you through the appeals process.
In some cases, they can even help reopen a closed claim.
Not Receiving the Right Benefits
If your checks are smaller than expected, your medical care is delayed, or the insurance company isn’t communicating with you, that is a problem. An attorney can push back on your behalf. They can make sure you’re getting everything you are entitled to under the law.
You Have a Serious or Permanent Injury
The stakes are high when you’re dealing with a long-term or life-changing injury. Insurers are likely to dispute or undervalue these types of claims. With a lawyer, you can make sure you receive appropriate compensation for lost earning capacity, ongoing treatment, and future medical needs.
Questions About Pre-Existing Conditions
If you have injured the same part of your body in the past, insurers may try to blame your current pain on that old injury. They like to claim that it is a pre-existing condition. But if your work made the condition worse, you may still be eligible for benefits.
An experienced attorney can help you prove it and get your deserved benefits.
You Are Facing Retaliation
Have you been demoted, fired, or treated unfairly since filing your claim?
That’s not just wrong, it’s illegal. If you find yourself in this situation, a workers’ comp lawyer will protect your rights. Sometimes, they can help you take additional legal action against these employers.
Someone Else Might Be to Blame
If your injury was caused by faulty equipment, a careless third party, or unsafe conditions at another company’s job site, this could be more than a workers’ compensation claim. You could have a case for a personal injury claim.
Your lawyer can explore all your options to make sure you don’t leave money on the table.
A Hearing Has Been Scheduled
If your case is going to a hearing or trial, you will want legal help. These proceedings follow a complicated set of rules and procedures. You want to have a skilled advocate to help navigate these hearings.
The workers’ compensation system is there to protect you. Unfortunately, it doesn’t always work the way it should. If your injury is minor and your employer is playing fair, you may be fine handling your claim on your own.
But when things get complicated, you may want to reach out for help.
At Work Injury Advisor, we can connect you with the right legal help for your claim.
