When Should I Hire A Workers’ Comp Lawyer?
After being injured at work, you may be overwhelmed by your injuries and uncertain about how to file a workers’ compensation claim. If that is your case, you can learn more here about what workers’ compensation is and what benefits you are entitled to receive after a workplace injury.
In short, workers’ compensation has two main objectives:
- To make sure that workers can receive the benefits to which they are entitled after being injured at work
- To prevent lawsuits against employers in cases where workers are injured while performing their jobs.
However, not all cases are straightforward, and there may be occasions where hiring a workers’ comp lawyer is the best alternative. Let’s find out more.
Why hire a workers’ comp lawyer?
If your injuries are relatively minor and your employer has informed you that you qualify to receive benefits, there is no need for you to hire a workers’ comp attorney. Sadly, not all injuries on the job are minor or easily resolved. In these cases, you may need a legal advocate to help ensure that you receive the benefits to which you are entitled.
When would an injured worker need a workers’ comp attorney?
Several situations do not fall into the norm when it comes to workers’ compensation cases. In these, a workers’ comp attorney may offer the help the injured worker needs while dealing with their injuries:
- When the worker finds out that their benefits have been delayed or denied
- When the injured worker has a pre-existing condition
- In cases where the injured employee saw a doctor who cleared them to go back to work too quickly
- When the employer claims that you are not covered by their workers’ comp policy
- If you are accused of committing fraud
- When you are unsure as to what medical specialist you need to see
- In cases where you present symptoms that develop slowly over time
- If you feel uncomfortable being treated by doctors the company recommends
- When you may have a claim against a third party, such as the manufacturer of the machine that injured you
- When you are Medicare-eligible or will be in the next 30 months
Other cases where you need a workers’ comp lawyer
There are some complicated workers’ comp cases that call for legal help. This could be the case if you face retaliation after filing a workers’ comp claim. The retaliation may come from a reduction of hours, harassment, passing you over for a promotion or demoting you, termination, or because your employer has engaged in retaliatory behaviour.
In other cases, you may be forced to return to work because your employer or their insurer claims that you are able to return to work with modified duties. They do this so that they can reduce, minimise, or suspend the benefits to which you are entitled through workers’ comp. If this is happening to you, your attorney can review your situation, present evidence of the seriousness of your medical condition, and help ensure that you are not left without benefits.
If you do not fully understand the workers’ compensation process, if your employer tells you that you are not covered under their policy or that they have not paid for a workers’ compensation policy, there is no need for you to become an expert on workers’ compensation. Working with an experienced workers’ comp attorney who listens to your case and understands your situation and the benefits you should be receiving is your best option.
