In Which Situations Do You Need A Workers’ Comp Attorney – A Brief Guide

Getting injured at work is no fun; however, if it happens, you should know when to hire a workers’ comp attorney and when you can handle things on your own. To hire or not hire an attorney comes down to the intensity of your injury and the complexity of your case, as well as the response of your employer. 

Read on to learn more. 

Signs You Don’t Need An Attorney

Let us explore the signs when you can represent yourself and don’t need an attorney. The best you can do is to contact an attorney and discuss your case with them. The lawyer will not only walk you through the entire process but also bring potential pitfalls to your notice. Essentially, the lawyer will provide you with an honest appraisal of whether you can or cannot handle the workplace injury case on your own. 

Statements That Indicate You Can Represent Yourself 

If the following statements are factual, then you are in the best position to represent yourself:

• You have sustained a minor workplace injury, such as a cut or a sprained ankle. 
• Your employer agrees that you have a workplace injury.
• You missed work due to the injury.
• You don’t have any pre-existing medical condition. 

Now, these statements indicate uncomplicated situations, which means that you don’t need an attorney. However, it still might be a good idea to discuss your case with an attorney so that you know how you can best represent yourself on your own. 

Signs You Need An Attorney

If your workplace injury case is a complex one, you will need an attorney to represent your case for a favorable outcome. Here are some signs that indicate you need a worker’s comp attorney. 

Your Employer Denies Your Injury Claim

The first sign that you need an attorney is when your employer denies your compensation claim and refuses to pay you the benefits that are rightfully yours immediately. You should know that workers’ comp insurers and potential employers tend to reject genuine workers’ comp claims while feeling confident that employees will actually fail to appeal. 

This is where the importance of hiring a workers’ comp attorney comes in. With a lawyer by your side, you can drastically increase your chances of securing a fair settlement for your injuries. 

Your Employer Offers You Unacceptable Settlement

Another tell-tale sign that you need to hire an attorney right away is that the settlement offer by your employer isn’t covering all of the potential bills and lost wages that you have endured due to your injuries. 

So, if you find that the settlement offer isn’t enough and your employer isn’t giving you a fair deal, discussing your case with an attorney is in your best interest. The attorney has your back and will make sure that you get the best settlement possible. 

You Can Not Return to Your Job

If you have gotten injured at work, and your medical issue is preventing you from resuming your job and performing the way you used to before the injury, your best bet is to get in touch with an attorney who exclusively deals with worker’s compensation cases in your respective jurisdiction. For instance, if you might have suffered a permanent disability, which can be partial or total, then you are definitely entitled to regular payments. 

Cases that deal with serious injuries, such as lifetime injuries and extensive lost wages, can be incredibly expensive for insurance companies, which is why they do anything possible to avoid paying the affected person what they truly deserve. This is where the importance of a well-experienced workers’ comp attorney comes in, as they will make sure that you get what is truly yours. 

Your Social Security Disability Benefits Are Affected

Now, if your employer doesn’t structure your settlement properly, the resultant benefits will negatively affect your Social Security disability benefits. This is where the importance of hiring a professional attorney comes in. The experienced attorney will go through the details of the case with you and draft your settlement agreement in a way that potentially minimizes the offset that the agreement can have on your Social Security disability benefits. 

Your Employer Retaliates Against You

It is not uncommon for employers to potentially retaliate against employees who file workers’ comp benefits cases. On that note, if your current employer has fired you or reduced your pay after you have filed your workers’ comp claim, then you must get a professional attorney involved in the case as soon as possible. 

The employer might also demote you or discriminate against you after you have filed the workers’ comp claim. Whatever the case is, calling an attorney who specializes in workers’ comp benefits in your respective jurisdiction will ensure that your legal rights remain protected. 

Your Employer’s Misconduct Caused the Injury

Perhaps you got injured due to the actions of your employer or a third party. In this case, you must get an attorney on board. You should know that the workers’ comp legal system is exclusively designed to prevent potential civil lawsuits in case of work-related injuries. Nonetheless, in certain conditions, you are legally allowed to sue your employer or the third party who caused your injury, such as a negligent trucker who hit you and caused injury while you were on your way to work. 

Also, your employer might have been negligent and caused your injury. You must prove negligence in court, which is why you must get a professional attorney to get legal help in your situation. 

How Will the Worker’s Comp Attorney Help You

Now that you know when you need the professional expertise of a workers’ compensation lawyer, let us explore how the lawyer will help you exactly. It is important to mention here that the law differs from one state to another, which is why you must seek a lawyer from your respective state. For instance, if you live and work in Georgia, you should contact the Georgia Workers’ Compensation Lawyers so that you can understand the legal process of your respective state and maximize the potential benefits. 

The attorney will protect and advocate for your workers’ rights, especially if your employer denies the claim or refuses to cooperate. Rest assured, the attorney and their legal team will collect the much-needed evidence for you to help you support your case. The lawyer will also take up all negotiations for you and help you establish a settlement agreement. If it goes to trial and the settlement agreement doesn’t work, the lawyer will then help you at trial by representing you. 

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