You might not need to hire a workers’ compensation lawyer because the system is relatively easy to navigate so making a claim should a straight forward process. Unfortunately, this may not always be the case because your employer or the insurer might dispute your claim. This makes the entire claim process a little complex and you might find yourself seeking the help of an attorney.
In some cases, you might need the help of a personal injury lawyer due to make the claim on your behalf outside workers’ compensation due to the nature of your case. If for instance, your employer intentionally caused you serious body harm while at work, you can pursue a personal injury lawsuit.
Situations Where You Do Not Need a Workers’ Compensation Lawyer
If your injuries were minor and you can completely recover through treatment, you won’t need to hire a workers’ compensation lawyer. Likely situations where your insurer is likely to dispute your case is if:
- You cannot prove that your injury was work related
- You require extensive medical treatment
- The accident caused you permanent injuries
- You need long periods off of work in order to recover
If, for instance, let’s say you slipped and fell on your face and as a result you busted your lip. You went to the emergency room, the doctor stitched you up, gave you pain killers and ordered bed rest for a few days until the swelling goes down. However, since you work a desk job, you returned to work much faster and your lip healed much faster because it wasn’t a serious injury. In such a situation, your doctor will be compensated and you will be compensated for the expenses you incurred on your way to the hospital. However, you will not be compensated for lost wages since you were only absent from work for a few days.
When Do You Need a Workers’ Compensation Attorney?
It’s very important that you consider hiring a workers’ compensation if your employer or your insurer disputes your claim because they will be able to protect your rights and get you the compensation that you deserve.
They will help you gather all evidence that you need and may even hire an expert witness if need be. Below are some scenarios where you might need to hire an attorney:
You Have a Workers Compensation Hearing
The insurance company may have refused to settle your case or only offer you less than you deserve. If this is the case, you might have to go to a “mini-trial” and you will need to hire a lawyer to represent you.
You are Receiving Social Security Disability Benefits
If you are receiving SSDI then they will be affected if you receive workers’ compensation. Your SSDI benefits might be reduced if you receive workers’ comp and a skilled workers’ compensation attorney can help minimize how much they will be reduced.
You Cannot Go Back to Work
If your injuries caused you to change your career because of a disability or they were so severe that you will never work again, then you will need a lawyer who will help you maximize your benefits in such a way that they will last you into the future.
It’s a Challenge to Get the Treatment You Need
The insurance company may delay or deny you treatment if it’s expensive. A workers’ compensation attorney can push the insurance company to approve your medical treatment in a timely manner.
You Have a Pre-Existing Condition
If you had a prior injury in the same place as your current injury, the insurance company will blame your injury on your previous activities. They will say your injury is not work related and therefore deny your claim.
The Insurance Company Does not agree with Your Disability Rating
Your permanent disability rating is usually assigned by a doctor and it’s what determines how much you receive in permanent disability benefits. If the insurer feels your rating is too high, they will request for an independent medical examination with a doctor they prefer. Of course their doctor will give a much lower rating. A skilled workers’ compensation lawyer will ensure that you get a fair settlement.
We Offer Free Initial Consultations
If you live in the New Bedford, MA, area, you can call us at 508-999-0800 to schedule your free initial consultation. We charge a contingency fee and you are not obligated to retain us as your lawyer after your free consultation. We will give you all the information that you need in order to make a decision that’s best for you.