Injuries at work often happen. While some jobs are generally safe, doing some other jobs puts people at constant risk and the likelihood that an injury will occur at some point is quite high. That is why everyone should be ready and informed in time what to do if something like this happens to them. This is especially true for people who work in industry, construction, then police officers, firefighters, miners and similar occupations.
The moment an injury occurs, even if it is only a minor injury, not to mention if it is something more serious, the person will not be able to think clearly. It will be difficult for you at that point to decide if you need a lawyer, more precisely a workers comp lawyer, or if you need to let things go on their own. In this article we will answer the question should I hire a workers’ comp attorney after a work injury as well as we will also tell you many other things related to this topic.
Should I hire a workers’ comp attorney after a work injury?
This is certainly the first question that comes to everyone’s mind as soon as an injury at work occurs. And that is a rational question because we cannot say that a lawyer is always needed or vice versa.
As we have already said, injuries at work are more common and like everything that is common, there are procedures that are followed at these times. The administrative processes are arranged so that everything should be simple and that the injured worker will receive compensation relatively quickly, which will help him to overcome that period.
But in practice, often the situation is not so simple and there is a situation when the help of a workers’ compensation attorney is necessary.
In case your claim is not disputed by the employer or the insurance company, then there is generally no need to hire a lawyer. Such a situation will be if the injury is clearly work-related, and also if the injury is minor and does not require expensive treatment or prolonged absence from work. Then neither the insurance company nor your employer want to waste time or money on prolonging the whole case when the situation is completely clear and the outcome is known.
In most other situations you will need a lawyer, and now we will mention some of them.
The situation when you need workers’ comp attorney
We hope that even if you have an injury at work, that it will be a minor injury and that you will not encounter any problems during the claim. But as you can read at www.mitchelllawcorp.com of the 3 million workers across the nation who had an incident at work, more than half had serious injuries. And blue-collar or manual labor workers are especially at risk. So now we are going to go through the most common situation when you need workers ’comp attorney.
Permanent disability comes after very severe injuries and it is, unfortunately, a life-changing event for any person who suffers this type of injury. But not every permanent disability is the same. There is something called a permanent disability rating.
A permanent disability rating is determined by the doctors who treated you and affects how much insurance and the employer will have to pay you and what costs to cover. It is a very common situation for an insurance company to challenge your permanent disability rating and ask for an independent medical examination.
In these situations, the doctor they choose almost always gives a different opinion, which means a lower disability rating and less in benefits for you. So if you get into the situation that an insurance company is challenging your permanent disability rating, don’t wait, but immediately hire a lawyer who is an expert on those issues. Only then can you get what belongs to you and that is a financial help for the rest of your life, because you are incapacitated to make money.
Workers’ compensation claim can be denied and the reasons are different. The insurance company may dispute that the injury is not work-related or that you waited too long to claim compensation. There is a particularly high possibility that the claim will be denied if you have a pre-existing condition because then the insurance company will certainly try to present your pre-existing condition as the reason for your health problems.
But you must know that pre-existing conditions do not mean that you do not have the right to compensation, so hire a lawyer. He will file an appeal against your rejected claim, and if the appeal is not upheld, the lawyer will take the next steps in court.
Claim against a third party
Claim against a third party is very tricky and you will not be able to finish it alone without the help of a lawyer. Claim against a third party includes a lawsuit against not only the employer and the insurance company but also against someone you also find guilty for your incident.
For example, if you have been injured by a machine, then the third party is the manufacturer of the machine and if you can prove that the manufacturer is to blame for the malfunction, then this is another chance to get compensation. As it is quite complicated, you need an experienced attorney.
Workers ’compensation insurance is not paid
There are irresponsible employers who do not pay insurance to their workers, although they are required to do so by law. Even if you find that you were not insured by an intentional or accidental mistake of the employer, you are entitled to benefits from certain funds, and also to sue the employer for non-compliance with legal obligations and to demand payment of all costs, current and future.
The outcome of the whole case concerning your injury at work will have an impact on the rest of your life, especially if you are permanently disabled. So don’t try to save money by not hiring a lawyer. Only a workers’ comp attorney can allow you to live with dignity for the rest of your life and have your insurance cover all your expenses.