When do I need to hire a workers compensation lawyer

Workers who have been injured on their job performing their normal job responsibilities generally seek compensation through workers' compensation, which is insurance provided by the employer to compensate workers for their cost of medical care. Workers' compensation benefits also provide death benefits, disability benefits and wage replacement.

Workers' compensation, however, unlike other injury claims, does not require the worker to file an injury case for compensation. In fact, compensation is offered without the worker proving the employer was at fault. For this reason, many injured workers will not need a lawyer, especially if they have suffered a minor injury, they expect a full recovery, or they will miss little to no work.

When do I need to hire a workers' compensation lawyer?

Some workers who are injured at work, however, will need to hire a workers' compensation lawyer to ensure they receive the compensation they need to fully repay them for their work injuries. When do you need a lawyer? Although each situation varies, you may want to seek legal help in the following situations:

  • You are no longer able to work your current job.
  • Your medical benefits are denied.
  • You believe workers' compensation has not calculated your benefit payments accurately and you believe you are entitled more benefits.
  • Your employer disputed a decision made by the workers' compensation division for your state.
  • Your employer has denied coverage for your work injury.
  • You have existing disabilities which have been affected by your work injury.
  • Your workplace injuries are moderate to severe and you are fully or partially disabled.
  • You need surgery as a result of your work injuries.

If you have been injured from a workplace accident you have the legal right to talk to a workers' compensation lawyer. Like other injury cases, workers' compensation agents are not necessarily looking out for your best interest, and it may be a good idea to have a lawyer advocate for you to ensure you get proper medical benefits and sufficient lost wage compensation. Getting adequate payment is especially necessary if you have a permanent partial or full disability.

What can a workers' compensation lawyer do for me?

Workers' compensation lawyers can assist with a variety of tasks. For instance, they can help negotiate a settlement, they can help navigate the vocational training process (if you cannot return to your previous job), and they can answer questions about applying for Social Security Disability Insurance if you are unable to return to work for at least 12 continuous months.

Finally, if your workers' compensation claim is disputed, they can help complete the dispute process which can vary by state and can be very complicated.

How is my workers' compensation lawyer paid?

Like other injury and disability lawyers, workers' compensation lawyers are paid on a contingency fee basis, which means they are only paid if you win your workers' compensation case. If you win, they are paid a portion or your workers' compensation payout. If you do not win, however, they are not paid. Contact a workers' compensation lawyer if you have questions about your case.

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