You are entitled to receive compensation when you suffer an injury on the job. It is possible to handle the claim alone if the employer and the insurance company are not contesting the claim.
However, the process is not as easy as it may sound. Most times, the employer will try to dispute the workplace injury to avoid compensating you, and this is where a workers comp lawyer comes in to help you get a fair settlement.
Situations when a Lawyer Is Necessary
As mentioned above, you can represent yourself if the case isn’t an extreme one. However, it would be in your best interest to involve a lawyer if things get complicated between you and the employer’s insurer.
Below are some of the situations when hiring a workers comp lawyer could benefit your case.
Your Claim Gets Denied
Insurance company representatives are trained to save the company money by stalling your claim or low-balling you. In most cases, these tactics work, and most claimants end up giving up and not appealing the decision. Hiring an experienced workers comp lawyer provides you with a chance to get a fair settlement for your injuries.
The Settlement Offer Doesn’t Cover the Medical Bills
Sometimes your employer and their insurer can provide you with a low offer to settle the matter quickly. Comparing the settlement amount with the lost wages and medical bills incurred over the period you’ve been out of work, it might seem like a bad offer.
While most workers comp settlements are approved by a judge, the judge is not responsible for getting you fair compensation. For this, you’ll need an attorney to obtain the best settlement offer that can cover your medical bills.
A Pre-Existing Injury
If you had a pre-existing injury near where you got injured, you will have a tough time getting your claim approved. The insurance company will try to blame the injury on the pre-existing condition.
The Injury Limits What You Can Do at Work
If the injury caused a disability of any sort, either permanent or partial, you are entitled to a payout in a lump sum or in weekly payments. Attorneys are familiar with these tactics and can be very instrumental in ensuring that an insurance company pays you accordingly.
What Caused Your Injuries?
In some situations, it is possible to sue outside the work comp system. For instance, when a fellow employee contributed to your injury or your employer intentionally injured you, you could qualify for a personal injury case. A knowledgeable attorney will explain the law to you in such situations.
You Haven’t Received Payment Yet
Sometimes, all the parties involved can agree to payment, although one party fails to hold up their end of the bargain. If the insurance company promised you a settlement that has yet to materialize, you could sue your employer and the insurance company.
In the trial, you’ll need an attorney who can plead your case and help you get what was promised.
Unlike the usual hourly rates charged by most lawyers, workers compensation attorneys charge a fee, usually a percentage of the benefits they help you recover. The typical contingency fees for a workers comp attorney are generally between 10 and 33 percent of the compensation benefits settled on.
Lawyers have a good understanding of the law and know how to negotiate in any scenario. Involving a lawyer in your injury case is more likely to help you get more benefits even after paying their fees.