When an injury occurs in the workplace, employees have to navigate various processes to receive appropriate compensation. Here is everything you need to know about whether or not to hire an attorney after a workplace accident.
After suffering an injury in the workplace one of the first questions an individual may have is, “When should I hire a workers comp lawyer?” They may also wonder if an attorney is necessary, what assistance they can provide, and how much it will all cost. With so much uncertainty on top of an injury, filing a workers’ compensation claim may feel overwhelming. However, hiring an attorney can help relieve a lot of that stress.
When and Why One Should Hire a Workers’ Compensation Attorney
The workers’ compensation system is designed to provide wage loss benefits, medical costs coverage, and other benefits for those who have been injured in the workplace. Workers’ compensation serves two main purposes: to ensure employees can secure benefits after workplace injuries and prevent lawsuits against employers when a worker is injured. Because the workers’ compensation system is in place, many injured workers assume that they do not need a workers’ compensation attorney. However, there are definitely times when an injured employee will need an attorney in order to guarantee they get the compensation they deserve.
Workers’ compensation is funded either by an employer or, more commonly, an insurance company. Insurance companies and employers may not want to pay out the full amount of compensation possible in every case. Additionally, many situations surrounding workers’ compensation can be confusing and lack clarity as to what caused the injury. There may also be accusations that an injury occurred outside of the workplace or was caused by a pre-existing condition rather than a workplace incident. In these situations, among others, a workers’ compensation attorney can protect one’s rights and ensure they get the compensation they deserve.
Here is a list of some times when it is a good idea for an injured employee to hire a workers’ compensation attorney:
- Their benefits are denied or delayed,
- They have a pre-existing condition,
- The first doctor they see has cleared them for work quickly,
- Their employer says that they are not covered by workers’ compensation,
- They are not sure which doctor they need to see,
- They are being accused of fraud,
- They do not trust the company doctors,
- They develop symptoms gradually over time,
- They have been asked to attend an Independent Medical Exam, or
- They are eligible for Medicare or will be within 30 months.
Is a Workers’ Compensation Attorney Necessary?
While hiring an attorney after a workplace accident is entirely up to the individual, workers’ compensation processes can often be highly complex. A qualified attorney can offer reassurance and can bring an individual peace of mind. With a good attorney, injured employees can focus on getting better and taking care of their injury. An attorney can guide them through the application, appeal, and other processes they may need to secure their deserved compensation.
Individuals who have already filed a workers’ compensation claim and have concerns should contact a workers’ compensation attorney immediately. The best possible option is to speak with an attorney right after the injury occurs. If the individual has sustained a serious injury and does not expect any problems, it can still be beneficial to talk with an attorney to have the case evaluated.
Initial consultations at Her Lawyer are free, and an injured employee should reach out to have a conversation with an attorney equipped to handle workers’ compensation and work-related injuries as soon as possible.
If you have any seeking to hire an attorney after a workplace accident, contact us. We’ll get you in touch with the most qualified attorneys for your unique legal matter. Get your free consultation with one of our Work Injury Attorneys in California today!