When you’re injured in an accident at work, the chances are that your only option for full recovery will be through filing a workers’ compensation claim. Luckily for you, making a successful claim isn’t always that demanding, in comparison with personal injury action.
As a rule of thumb, you’d be able to get by without legal counsel, but only if the following conditions are fulfilled:
- You sustained only a minor injury at work, for instance, a cut, bruised arm, or a twisted ankle.
- Your employer fully admits that the accident took place at the work
- Your injury did not cause you to be absent from work
- You have no pre-existing conditions that may affect your body in a similar way as the recent injury
However, when the situation becomes more complex and demanding, you should consider hiring a professional. Here are six examples of situations when calling a lawyer to help you out is a necessity:
Your Employer Denies Your Claim
If your employer or insurance carrier declines to approve your claim or holds back your benefits, you have every reason to seek legal counsel. It’s a known fact that workers’ comp insurance companies routinely reject claims, as they’re certain that most workers will give up and forget about their right to appeal. For the most part, they’re right, as many employees don’t have full insight into their rights.
When you hire an attorney to help you get your well-deserved compensation, you don’t have to pay anything upfront. When you team up with them, you have better chances to receive a fair settlement or full compensation for your injuries.
The Settlement Offer Doesn’t Cover Your Expenses
If the offer covers your lost wages only partially or doesn’t cover your medical bills, you have a strong reason to file an appeal. What’s more, it would be wrong to simply rely on the judicial authorities to ensure you’re getting a fair offer. Keep in mind that judges will usually sign off on any settlement as long as it generally seems fair, without getting into details. If you want to reach the most satisfactory settlement, you should hire a qualified attorney.
Medical Issues Prevent You From Returning to Work
What appears to be a mild issue at first can prevent you from returning to your job even after initial recovery. It can change your ability, cause you to underperform, or be unable to do any work at all. In all cases of permanent disability, be it total or partial, you’re most likely eligible to a lump compensation or weekly payments for the lost wages. This can be fairly expensive for insurers, so they work hard to avoid paying you. An experienced workers’ compensation attorney will be your best ally in all such cases.
You Receive a Social Security Disability Plan Instead
This one can seem tricky, as you would appear to receive disability benefits. However, if your settlement isn’t written correctly, your workers’ compensation benefits can negatively affect Social Security payments. Your attorney will know how to draft a settlement proposal that will mitigate or remedy this issue.
You Face Retaliation From Your Employer
If your superior fires you, demotes you or reduces your pay for filing the worker’s compensation claim, this is an act of retaliation. Of course, there are many forms of discrimination and legal violence that you don’t have to endure. Protect your legal rights by contacting a well-versed attorney to help you out and stop the maltreatment.
Injury Was a Result of Third Party or Employer’s Misconduct
Keep in mind that the system of workers’ compensation was established to circumvent civil lawsuits for workplace injuries. Nevertheless, It is permissible that you sue outside this workers’ comp system in certain instances. This includes when someone else (not your employer) contributed or caused your injury. This could be a negligent driver who hit you while you were traveling to work. Another case when you can file a civil lawsuit is when your employer doesn’t have a workers’ compensation policy. In the most drastic case, your employer intentionally caused your injury. In any case, your lawyer can follow up and explain all the legal aspects of your situation.