When most people suffer an injury on the job, one of their major concerns is whether they’ll get fired for filing a worker’s compensation claim. This may be your concern too if you haven’t filed a claim yet, but you need to know when to draw the line and hire a workers’ compensation claim.
It’s important to know when to hire a workers’ compensation attorney so you can get the compensation you deserve. In this post, we’ll guide you through the pros and cons of hiring a workers’ compensation attorney and the best time to hire one.
The Pros of Hiring a Workers’ Compensation Attorney
One of the most significant reasons to hire a workers’ compensation attorney is that they’ll help you get the benefits you deserve. Ultimately, injured workers that hire an attorney end up with better compensation than those who don’t. If your employer denies you compensation after an injury, your attorney will help you out.
An attorney will take care of all the legal work while you work on getting better. The insurance adjuster can easily confuse you into signing documents that bar you from getting your benefits or settling for low compensation. A workers’ compensation attorney will not let that happen.
Beyond that, you may be entitled to more benefits than you think, or the adjuster is telling you, but the attorney will help you understand what you should get, and help you get it.
The Cons of Hiring a Workers’ Compensation Attorney
One of the major cons of hiring an attorney is the fact that your employer may view it as aggression towards them. The insurance adjuster is likely to be on their side, and they also have a professional workers’ attorney fighting for them. Even though you have a right to compensation, you may face hostility from your boss if you come to a disagreement.
When Should You Hire a Workers’ Compensation Attorney?
The answer to this question highly depends on your case and whether it’s necessary to hire a legal counsel. However, we’ll look at common situations where most injured workers need to hire attorneys.
If Your Claim Was Denied
If your employer denies you your workers’ compensation benefits after suffering a work-related injury, then you need to hire a lawyer. You’d be surprised at the number of employers that refuse to acknowledge an injury in the workplace or simply delay things until the injured employees get tired of asking.
It’s advisable to go to court and file a petition, develop a case, and resolve your case legally. Once you hire a workers’ compensation attorney, they’ll help you win the case either through a settlement, a voluntary payment agreement or in a trial.
If You Have a Pre-Existing Medical Condition
If you have an underlying health condition, it’s advisable to hire a workers’ comp attorney for your injury case. There is a possibility that your employer or insurance adjuster may use your condition as an excuse not to give you the benefits. A pre-existing condition should not disqualify you from getting compensation, so if you’re denied, then you should seek legal counsel.
If the Benefits You Get Don’t Cover All Losses
In some cases, you may find that even though the employer agrees to pay the workers’ compensation benefits, they give too little to cover the lost wages and hospital bills. This usually happens when an insurance adjuster convinces the worker to take a low settlement, something they’re usually very good at. If this happens to you, then understand that you deserve more, and you could get it once you hire a workers compensation lawyer.
If You Sustained Serious Injuries That Prevent You From Going Back to Work
If you sustained long term injuries, or worse, permanent injuries, then you need to find the best workers’ comp attorney. You see, it’s usually in such cases where employers and insurance adjusters do whatever they can to reduce benefits to avoid monumental costs.
If you have a serious injury that prevents you from working for a prolonged period, then you shouldn’t have to worry about finances during that time. A workers’ comp lawyer will help secure long-term benefits until you get better.
If You Have a Claim Against a Third Party
Third-party claims get quite complicated. If, for instance, defective machinery caused your injuries, you may have to file a claim against the manufacturer of the machinery instead of your employer. Civil claims can result in bigger claims because your lawyer can pursue both economic and non-economic damages.
If There Are Chances of Retaliation at Work
If, after asking for your workers’ compensation benefits, your employer decides to retaliate against you, it’s advisable to contact a lawyer as soon as it happens. Retaliation at work can be in many forms, including a demotion, harassment, reduction of working hours, or even termination of employment. Even though different states have different laws, it would be illegal for an employer to do any of these things, and you can sue them for it as well.
If Your Employer Disagrees About Your Ability to Work
Your employer may claim that you’re fit to go back to work. They may even modify your duties with an agenda of reducing, minimizing or suspending your benefits if you don’t agree to go back. If you feel that you are incapable of going back due to the severity of the injuries, you can hire a worker’s compensation attorney who will present medical documents to show that you are not fit to get back to work.
If Your Employer Claims You’re Not Covered
Some workers don’t qualify for the workers’ comp benefits, including volunteers and domestic workers. These qualifications may also vary with state. If your employer claims that you don’t qualify and you know that you work as a full-time employee, then you can check with an attorney to see whether you’re entitled to some compensation.
Workers’ Compensation: You Deserve It!
If you did sustain injuries at work, then you deserve to be compensated, and you’ll get a better settlement if you hire a workers’ compensation attorney. Ensure you hire a competent and experienced attorney so you can secure the benefits you deserve.
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