Claiming Workers’ Comp Benefits: When Do You Need to Hire a Lawyer?
Generally, you do not need to hire a lawyer when claiming your workers’ compensation benefits. You can do this all by yourself.
The process is really quite simple: you report your injury, file the necessary forms, complete your medical requirements, then once everything is settled, wait for your employer to give you your benefits.
However, while the process is not simple, it is not always easy. In some cases, your claim will be questioned or even denied altogether. And even if you got your claim, it is possible that you are not receiving the correct amount of benefits. In these instances, it is best that a lawyer will help you in your claim and represent you in your interest.
If you are wondering when to hire a lawyer, here are 6 instances when hiring a lawyer is preferable or even recommended.
Your claim is denied
If your claim is denied, and you think that your claim is valid, then it is time to hire a lawyer to represent your case. But, it is important to know some reasons why your employer may deny your claims. Here are some of the reasons:
- You filed late
- You have no witnesses
- Your injury is not work-related (at least, that’s what they think)
- You have an illegal substance present in your body according to your medical records
- Your accident form and medical records don’t match
So, review your case first before hiring a lawyer. You can also request a free consultation with a lawyer – usually this happens within 30-40 minutes – so you can assess if you have a winning case, and if you need to hire a lawyer or not.
You think you are not receiving the correct amount of benefits
If you are thinking that you are receiving the correct amount of benefits, or if you simply wonder if you can get more from your workers’ comp benefit, then hiring a lawyer is preferable because he/she can assess your case on whether or not you are not receiving the correct amount of benefits.
You think you are incapable of working on any job after you got injured
In these situations, your employer should give you vocational rehabilitation (aside from medical benefits) so that you can learn new skills and be employed in a new job role. If they didn’t provide you the necessary vocational rehabilitation, you will need a lawyer to raise your case.
Your injury is moderate to severe (and may require surgery)
There is fine line between getting injured and getting severely injured. Typical injuries require just enough of medical treatment, and you should be fine after a certain period of time. And for the most part, your employer is willing to help you with that.
But if your injury severe (regardless if it requires surgery or not), your employer may not provide you the required benefits because it is costlier than the average injury.
A workers’ comp lawyer will help you secure your interest by making sure you get the ample treatment from your employer.
You would like to dispute your employer’s or his/her insurance company’s decision
Disputing your employer or his/her insurance company’s decision is a highly legal matter. It is important you have a lawyer by your side in these situations.
You are simply not comfortable in filing your workers’ compensation alone
As you can see, you do not even need a solid reason to hire a lawyer. If your reason is as simple as you’re not comfortable, then by all means, hire a lawyer who can help you!
Quick Tip: Free Consultation
Regardless of the circumstance, it is important you ask for free consultation from your lawyer before hiring him/her. In this free consultation, your lawyer will assess your case and will advise you on whether hiring a lawyer is suitable for your case or not.
In case you need a lawyer, LG Law Firm have the best, experienced and trusted workers’ compensation and work injury lawyers who can help you with your case.
If you need more legal information, we recommend you check out LegalFacts.org. They publish quality articles with the aim of helping people get educated on legal concepts by simplifying such concepts.