When To Hire A Worker’s Compensation Attorney

Man wearing blue jumpsuit and white hard helmet

While it is always recommended to hire an attorney, there are some cases which don’t require one.

If your injuries are very minor and don’t affect your long-term work, you probably won’t need one.

However, there are certain situations when you should hire a worker’s compensation attorney.

If You Are Filing A Worker’s Compensation Claim

If you have developed a workplace injury which could put you out of work and requires medical treatment, you need to file a worker’s compensation claim.

An attorney can help you to structure your claim properly and include all the relevant information which is necessary for approval. The laws for worker’s compensation vary from state to state and your attorney will know how to formulate the claim according to your state’s worker’s compensation laws.

If you have developed a work injury and you are in the PA area, you should contact a Wilkes-Barre work injury attorney.

If A Valid Claim Is Rejected

There are a number of reasons the insurance company could reject your claim. They might give you invalid reasons like failure to provide a recorded statement.

Remember that you are not required to give a recorded statement to your insurance company if they ask you. You will need to appeal your claim if it is rejected by your insurance company.

The appeal process involves a lot of legal procedures and your attorney will know exactly what to do.

If Your Employer Threatens To Fire You

There might be a situation where your employer refuses to cooperate with you regarding your worker’s compensation claim.

He might also threaten to fire you which is against the law. According to the law, no employer is allowed to terminate an injured worker’s employment if they decide to file a worker’s compensation claim.

Cutting down your wages is also unlawful. In these cases, you can be left alone to handle the situation by yourself.

It is highly advisable to hire an attorney who can help defend your legal rights.

If You Require Long Term Medical Treatment

If you have sustained workplace injuries which require long term medical treatment, your insurance company will try to push back your claim as much as possible.

This is due to the fact that they don’t want to be responsible for covering long term expenses of your treatment.

Your worker’s compensation is supposed to pay for all aspects of the treatment including medications, surgical procedures and other ongoing treatment like physical therapy sessions.

If your injuries are severe, you should seek the help of an attorney who can help you receive the value of your claim as soon as possible.

If You Already Have A Pre-existing Condition

It can be quite difficult to win your claim if you already have a pre-existing health condition which physically affects parts of your body.

Your insurance company will argue that your injury was the result of your condition instead of being a result of a workplace accident. They might also blame you for aggravating your own condition.

In such situations, we recommend hiring an attorney to improve your chances of winning the claim.

If You Are Entitled To Disability Benefits

If you are temporarily or permanently disabled, you are entitled to receive disability benefits. These disability benefits are usually provided until you are fully healed and able to return to work.

However, it can be hard to access these long term benefits unless you provide sufficient evidence along with your claim. If you are also eligible for social security disability benefits it can affect your worker’s compensation disability benefits if the settlement is not structured in a proper way.

A lawyer can help maximise your benefits by formulating your settlement in a strategic manner to reduce or eliminate the offset.

If A Third Party Has Contributed To Your Injury

If another person is directly responsible for your workplace injury, you can file a personal injury lawsuit along with your worker’s compensation claim.

Navigating through both of these at the same time can get quite complicated. An attorney will help you receive the maximum benefits from both of these claims.

Conclusion

A worker’s compensation attorney will definitely strengthen your claim and improve your chances of being successful. If you find yourself in any of the above situations don’t hesitate to consult an experienced attorney.