Work injury lawyer help injured workers navigate the legal system and obtain compensation for their injuries. They can assist with filing claims for workers’ compensation, negotiating settlements with insurance companies, and pursuing litigation against employers or other parties responsible for the accident. The decision to hire a Work injury lawyer depends on the circumstances of each case. It may be best to consult an attorney for a free consultation to determine whether they are the right fit for your case.
1. Your Employer or Insurance Company Says You Can Return to Work Soon or That Your Injuries Are Not Severe.
Most states have laws that require employers and their insurers to provide workers’ compensation benefits to employees who are injured in the course of their employment. A workers’ comp attorney can review your claim to ensure that all necessary documents are filed, that all available benefits are being paid and that you are not being pressured by your employer or its insurance company to return to work too soon.
If you have a serious injury, such as a herniated disc, your symptoms may not become apparent for days or weeks after the accident. In these cases, a workers’ compensation attorney can help you get a second opinion from an independent medical examiner and make sure that your medical records adequately support the extent of your injury.
2. You’re Concerned About Retaliation by Your Employer.
Workers are often afraid to file a claim for workers’ compensation because they fear retaliation from their employer. A workers’ comp attorney can advise you on your rights and protect you from retaliation while advocating for the best possible outcome of your case.
3. Your Symptoms Are Getting Worse.
When a workplace injury becomes more severe, it is common for the insurance company to request that you be reevaluated by an independent medical examiner. The insurance company may try to use this reevaluation as an excuse to terminate or reduce your benefits. A worker’s comp attorney can help you to avoid this by fighting for your benefits at each step of the process, including the reevaluation.
4. You Have a Pre-existing Condition That is Related to Your Work Injury.
Sometimes a workplace injury can exacerbate a pre-existing condition, such as a back injury that occurred before you became employed at your current job. In these cases, you may be able to pursue a personal injury claim against the liable party rather than a workers’ comp claim. An experienced Work injury lawyer can assess your situation and recommend the right type of legal action to take.
5. You Are Medicare-Eligible.
If you are Medicare-eligible, part of your workers’ compensation settlement may be designated to pay for your future medical costs resulting from your injury. In order to maximize the value of your settlement, a work injury lawyer can help you enter into a Medicare Set-Aside Agreement (MSA) that identifies the appropriate amount of money to cover your medical expenses.