If you suffered a work injury, you may be looking for a workers’ comp lawyer. While the system was created to protect you and the employer, it isn’t always fair and may leave workers with less than they deserve.
In this article, we will explain the workers’ comp claim process, cases in which you (don’t) need a lawyer, and what they can do for you if you choose to hire them.
The Claims Process for Workers’ Comp
Filing a workers’ comp claim can be complex, especially when dealing with the stress of injury. This is what the process looks like:
- Report the injury – Report the injury to your employer immediately or when you find out that your condition is work-related. Every state has its own deadline for reporting, ranging from a few days to a few months.
- Seek medical treatment – Seek medical attention, even if the injury seems minor. Keep all documentation on the diagnosis, treatment, and costs.
- File paperwork – File paperwork with your employer or a workers’ comp agency. Ensure you file the paperwork by your state’s deadline.
- Negotiate with the insurance company – The insurer will investigate your case and ask for information. Provide information honestly. We also recommend consulting a lawyer.
- Follow up – If your claim is denied, you have the right to an appeal. If it’s approved, you should receive compensation and benefits.
When You Might Not Need a Lawyer
Injured workers don’t always need a workers’ compensation lawyer. Some cases are simple, involving minor injuries and cooperative employers and insurers. They are often resolved efficiently without one.
Minor Injuries and Straightforward Claims
If you’ve only had a minor work-related injury, such as a small cut or sprain, that occurred in the workplace, you can handle the claim yourself. This also applies to minor injuries your employer and insurer do not dispute or those that cause you to miss little or no work.
Cooperative Employer and Insurer
You may not need a workers’ comp attorney if you have a clear-cut workers’ comp case where your employer and their insurance company fully cooperate. For example:
- You don’t have a pre-existing condition affecting the injured body part
- Your employer acknowledges the incident and that it happened at work
- Everyone agrees on the facts
- Your employer and their insurance carrier are willing to provide you with workers’ compensation benefits
When You Should Consider Hiring a Workers’ Comp Lawyer
Workers’ compensation attorneys can help you deal with more complex cases and uncooperative employers or insurers. Our Chicago workers’ compensation lawyers are indispensable in cases involving multiple parties, return-to-work issues, or employers who retaliate.
Complex or Serious Injuries
Complex cases that involve serious injuries, long-term disability, or disputes over medical treatment require a workers’ comp attorney. In such cases, your lost wages and medical bills tend to be higher, and you may need to seek Social Security disability benefits.
Insurance companies may try to blame you for the accident or give you a settlement offer that doesn’t cover all your expenses. If you hire a workers’ comp lawyer, they will help you strengthen your case and negotiate with insurers to recover compensation for all your damages.
Denied or Disputed Claims
The insurance company may argue that your injury isn’t work-related, downplay its seriousness, or claim you can return to work sooner than advised. For example, if you suffered a back injury at work, the insurance company may claim it’s a pre-existing injury and deny your benefits.
If the company denies your workers’ compensation claim or disputes the severity of your injuries or the necessary treatment, you likely need a workers’ compensation lawyer.
Return-to-Work Issues
Workers’ comp lawyers can help you navigate disputes over suitable work options or accommodations that you rightfully deserve. For example, your employer may offer you work that doesn’t fit your medical restrictions (such as heavy lifting) or fail to provide reasonable accommodations (e.g., an ergonomic chair or flexible work hours).
A workers’ comp lawyer can negotiate fair work conditions for you and represent you in court if the dispute escalates. They can also protect you from doing work that can aggravate your injury further.
Third-Party Liability
In some cases, workers’ comp insurance also applies to injuries caused by a third party’s actions, in addition to your employer. This means you can also hold that party liable for your injuries. Examples include:
- Defective equipment – Your work injury was caused by malfunctioning machinery. Depending on who’s responsible, you may file an injury claim against the manufacturer, dealer, or servicing company.
- Car accident – Workers who are hit by a negligent party while driving for the company may hold the at-fault party responsible.
- Negligent subcontractors – You can file a claim against subcontractors who fail to follow safety protocols on construction sites.
- Property owner negligence – If you get hurt because a client’s property was unsafe, you may also sue the property owner.
Third-party liability will further complicate your workers’ compensation case, as it involves multiple parties, insurers, and their attorneys. Our Chicago personal injury attorneys can help you recover damages in such cases.
Navigating the Legal System
The workers’ compensation system can be complex, with strict deadlines, paperwork, and various state-specific regulations. If you do not finish all procedures in a timely manner and according to regulations, you may lose the right to file a claim.
A lawyer can help you navigate the system, avoid potential pitfalls, and understand the other party’s tactics, saving you time and energy to recover from your injuries. They will handle the entire process, including:
- Filing the initial claim
- Negotiating with the insurer
- Handling disputes
- Representing you in court if necessary
- Preparing witnesses
- Consulting experts
- Handling appeals
- Representing you if your employer retaliates for the claim
Benefits of Hiring a Workers’ Comp Lawyer
Injured workers often have to focus on rest and medical care, and as medical bills pile up, they may be anxious to resolve their claims as soon as possible.
Insurance companies know this and often try to pressure people to accept poor offers, give up due to exhaustion, or make a misstep that can cost them their case.
A workers’ compensation lawyer can help protect your legal rights and stand between you and the insurance company, so you can recover in peace. Here is how an attorney can help.
Protecting Your Rights
The workers’ comp system can be complex, and it isn’t always fair for the injured worker. If you want to protect yourself and ensure a fair settlement, contact a workers’ comp lawyer.
They can help you receive the benefits you’re entitled to, including:
- Past, ongoing, and future medical expenses
- Lost wages
- Permanent disability benefits
- Temporary disability benefits
- Vocational rehabilitation
- Death benefits (for surviving family)
Workers’ compensation claims with third-party liability may also involve pain and suffering and punitive damages.
Negotiating with Insurance Companies
The lawyer can manage all the communications and negotiations with the insurance company on your behalf, which is especially important if they try to minimize or deny your claim. They will ensure your rights are protected and the company doesn’t pressure you into accepting a lowball settlement offer.
Lawyers can address disputes by presenting substantial evidence and expert opinions, as well as drafting a strong appeal if the company chooses to deny your claim. You don’t have to deal with the insurer when you hire a professional. Instead, you can focus on resting.
Gathering Evidence and Building a Strong Case
Workers’ compensation lawyers can gather evidence efficiently and quickly to strengthen your claim. This is critical if your employer contributed to your injury by violating safety protocols.
They will gather evidence relevant to workers’ comp claims, including:
- Medical records – This includes your medical records, treatment history, diagnoses, and expert opinions. They will provide evidence of the extent of your injuries and their impact on your ability to work.
- Witness statements – If someone saw the accident, the lawyer can interview them and gather statements to strengthen your case.
- Accident reports – They can get access to company records, including workplace accident reports or incident logs.
- Photographs – A lawyer can gather photographic evidence of the accident scene and your injuries.
- Expert testimonies – A lawyer can consult medical professionals or vocational experts to explain the accident, your injuries, and your ability to work.
Representing You in Hearings and Appeals
If your employer denies your claim, a workers’ compensation attorney can be your best ally. They can represent you during hearings and handle appeals by presenting your case and all medical evidence, preparing your witnesses, and dealing with any OSHA violations that they discovered in your case.
They can counter the insurance company’s arguments and examine the opposing party’s witnesses. As the appeal process happens after a trial and it allows for further appeals, it may prolong your case by months to over a year.
An experienced workers’ comp attorney can speed up the process by avoiding procedural errors and negotiating effectively.
Secure Expert Legal Representation!
If you’re suffering medical issues because of a workplace injury, you deserve fair compensation. At Rosenfeld Injury Lawyers, we know good legal representation can make your case shorter, your compensation higher, and the overall stress much lower.
If you want a lawyer’s perspective on your case, contact us for a free consultation. We will help you understand your rights and options. You can schedule a talk with a workers’ compensation attorney through our online form or at (888) 424-5757.