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When Should You Hire A Worker’s Compensation Lawyer?

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When filing your worker’s compensation claim, it is important to hire a lawyer from the very start. Insurance forms, medical documents, and other crucial paperwork can be quite challenging to sort through and keep up with to your benefit. An experienced lawyer will help you handle the documentation process from the beginning to the end, and ensure that everything goes smoothly. Here are five signs that hiring a worker’s compensation lawyer is necessary.

The trouble with the insurance company or employer

If you are facing any challenges with your employer or insurer, then you need a legal representative. For example, if your claim is denied, you are not getting your benefits in a timely manner, or the settlement does not cater for everything. Most times insurance companies may reject valid claims, but most people never appeal this decision. A seasoned attorney will argue your case efficiently and enable you to get the compensation you deserve.

Insufficient settlement

In some cases, employers may offer to settle the worker’s compensation claim by giving an amount that does not cater to your medical bills and lost wages. If you have any concerns regarding the settlement offer that your employer made, then you need to consult a lawyer. You should not allow the worker’s compensation judge to conclude whether your settlement is fair or not because they usually approve agreements that do not seem extremely unfair.

You cannot return to work

If your medical condition does not allow you to return to your old job or perform any work, then you need an attorney. This is because you have probably suffered permanent total disability or permanent partial disability. In this case, you will be entitled to a lump sum payment or weekly lifetime payments to compensate for the wages you lost.

Your employer retaliates against you

Your employer can retaliate against you when you file for a workers compensation claim. The employer may reduce your pay or hours, demote you, or even fire you after filing a claim. In such a case, you will need to work with a worker’s compensation lawyer. This is because you may be eligible for punitive damages due to unlawful retaliation or discrimination.

Filing possible third-party claims

The Workers’ Comp law prevents employees from filing lawsuits against their employer because of work-related injuries. However, it does not inhibit legal claims against a third-party, especially when the negligence of that person is what contributed to the injuries that the employee suffered. You can file for a third-party claim in addition to getting your worker’s compensation benefits. The advice and legal assistance of an attorney will be helpful in such a case.

You suffer from a pre-existing condition

If you have a pre-existing condition or injury that involves the same part of the body that was injured while working, then you will have a hard time battling with the insurance company. This is because the insurer will blame the injury or medical condition instead of your work activities, particularly for conditions that have developed slowly, rather than a single work accident.

When you hire a lawyer to handle your case, you are likely to get a higher settlement. Attorneys have an in-depth understanding of the law, they are skilled negotiators, and will use different tools to build up a solid case. As a result, you will get more benefits when you hire a legal representative even after he/she deducts the contingency fees.

 

 

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