When should you hire a work injury lawyer?

Find out when you should obtain legal representation and how can a work injury attorney can help you.

Stay informed and make the right decisions.

As you probably know, not every injured worker needs to hire a workers’ compensation attorney for additional assistance. In the end, the workers’ compensation program is a system designed to facilitate your access to the benefits you’re entitled to. In many cases, claims are not being disputed by either of the parties, and therefore, the injured employee can handle the process himself.

However, there are cases where the process is not as simple as expected. Complications can show up at any stage, and professional legal help is necessary in order to ensure fair treatment of those involved. Besides, certain law firms, like us, work on contingency fees. That means that the injured employee does not have to pay anything until the case is settled and won.

This page is designed to inform you about when do you need to employ the services of a specialized work injury lawyer.

work injury lawyer

When do you need to hire an attorney for a work injury?

1. Your claim has been denied

Workers’ compensation claims can be denied for a variety of different reasons, such as minor errors in the paperwork, the insurance company assuming the accident isn’t work-related, or the claim is filed too late. Suppose you consider your claim is legitimate and wish to appeal the decision made. In that case, it is recommended that you employ a lawyer specializing in this particular field to help you with the contestation process. Simply put, whenever things get contentious over a disagreement, it’s probably better to get a lawyer.

2. You have a preexisting condition

Although this might complicate the process, you can still apply to receive compensation for your accident even if you have a pre-existing condition. In certain cases, the employer might claim your symptoms can be attributed to your pre-existent condition and are not work-related. Therefore, if your workers’ comp claim gets denied for the worsening of a pre-existing condition, you can and should fight for the benefits you deserve. In a lot of cases, if your pre-existing condition aggravates while you do your job, you are eligible for compensation. However, when your pre-existing condition involves the same body part you injured at work, you can get stuck in an uphill battle with the insurance company. Therefore, it’s recommended that you employ a worker’s compensation attorney to help you deal with the situation.

3. Your permanent disability benefits are disputed

Most workers’ compensation benefits settlements are about permanent disability benefits. This determines whether you will receive the benefits and what amount of benefits you are entitled to. The permanent disability rating defines the type and amount of benefits you are entitled to. The California courts consider a disability the residual effect of an injury or illness. A disability is considered permanent in case it is irreversible.

4. Your ability to work has been affected

If your accident has affected your capacity to work again, you’ll have to try and maximize your workers’ compensation benefits. Even if you need to change careers after the injury, you’ll need to be ensured training in a new line of work. A lawyer can come in handy in both of the previously described cases. Suppose your ability to work and provide for yourself and your dependants is affected. In that case, you’re required to maximize your workers’ comp benefits and structure them in a way that will allow for future stability.

5. You need to negotiate with insurers

Wherever it comes to negotiating how much compensation you should get, the other responsible party will try to settle your case for as little as possible. You might be required to deal with their insurance representative or the legal representation. In almost all cases, these people are professionals that have the training, experience, and expertise to obtain their way in any legal debates over compensation benefits. Therefore, if you’re planning to win or even out your chances of winning, it’s better to hire a work injury lawyer.

6. When you have a worker's compensation hearing

You’ll have to get a lawyer, your case gets taken to court, and you’ll need to show up before a judge. At the hearing, you and your claims administrator will appear before a judge that will discuss the case with both parties and attempt to assist in reaching a settlement. The judge will communicate with both parties and try to assist in reaching a settlement. If your case is not settled at MSC you’ll have to go to trial, a process that will be managed by a different judge.

On the look for a worker’s compensation attorney? Fill out our 30-second questionnaire and discover how we can help you instantly.

We’re here to ensure you’re receiving the right treatment and yield all the benefits you’re entitled to. Schedule a free consultation with a worker’s compensation lawyer and get professional representation with the personal attention you deserve.

What are the benefits of employing a work injury lawyer?

Professionalism and objectivity

Sustaining an injury can already be quite a painful and distressing experience. Apart from the compensation process, you’ll also have to deal with the emotional load and the recovery of your injury. Having a professional legal representative by your side will help you maintain an objective perspective over your situation and therefore make better decisions.

Multiple settlement opportunities

Based on the specifics of your case, an attorney will present to you the best options possible and explain the pros and cons of each. If you’re unfamiliar with the compensation process, you might settle for fewer benefits than you’re entitled to. The experience and expertise of a work injury attorney will guide you through and provide you with multiple choices along the process.

Peace of mind

As previously mentioned, the personal injury claim can be stressful enough by itself without considering the mental distress and physical pain you might go through. Knowing that your case is in good hands can guarantee you the peace of mind necessary so that you can focus on gaining a quicker recovery.

Assistance with litigation

In case the opposite party contests your claim, you will be required to take court action. In these cases, an experienced attorney makes up for a truly valuable asset in your court debates. Besides, the opposite party will present their own legal representation, diminishing your chances of winning without employing professional expertise.

Increase your winning chances

A good lawyer will increase your chances of getting the compensation you are entitled to. How very often happens in these types of cases, the offending party’s insurer makes it their main goal to settle your case for as little compensation as possible. This makes a lot of sense given the fact that they are protecting their own financial interests. Therefore you should protect yours by employing your own legal representation.

Avoid paperwork complications

The paperwork in the workers’ compensation process can be quite complex, and even the smallest mistake can lead to your claim being denied. Having professional guidance during the claim process will ensure that your forms are filled correctly and filed on time in order to avoid any additional complications.

Do you need representation? Fill out our 30-second questionnaire and discover how we can help you instantly.

We’re here to ensure you’re receiving the right treatment and yield all the benefits you’re entitled to. Schedule a free consultation with a worker’s compensation attorney and get professional representation with the personal attention you deserve.

Frequently Asked Questions

Our advice would be to contact a work injury lawyer as soon as possible so that you can make the most out of your application. Keep in mind that in case of spontaneous work accidents, you only have a 30-days application time period. You can also contact an attorney in case you’ll need objective help with your filing or if your case gets too complicated for you to handle it by yourself.
All you need to do is complete this 30-second survey to find out if your case qualifies. After that, we’ll schedule a 30-minutes call to further discuss your situation and talk about your needs. Keep in mind that we work on contingency fees, which means you don’t pay anything until your case is settled. If we do not win, you don’t have to pay any fee. Click here to complete the survey.
In some cases, employees are afraid to file for their worker’s compensation benefits thinking they might lose their jobs as a consequence. You should know that it is illegal for your employer to punish or fire you for sustaining a job injury. The same thing applies to requesting the worker’s compensation benefits whenever you believe that your injury was caused by your job.
As stated above, if your initial claim has been denied, it can be due to a minor error in the paperwork. You can schedule a free consultation with our professional worker’s compensation attorney, that will guide you through the entire claim process.
Over the last three years, we handled over 350 cases. Additionally, we have gained over ten years of experience handling work accidents claims and trials.

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