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When do i need a workers comp attorney

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If a work-related injury has left you down and out, a workers compensation attorney can help you recover your losses. Before deciding if you need an attorney, check out what it can do for you.

These are not the only cases that a workers compensation lawyer will take on, but these constitute a majority of the injuries.

If you cannot make it to work or end up in the hospital, it's a good idea to speak with an attorney. Also, as a family member of a worker killed on the job, you may want to consult with a workers compensation attorney about filing a lawsuit. This article contains general legal information and does not contain legal advice. However, because you work a desk job, you were able to return to work fairly quickly and your ankle healed within a few weeks. In this case, your trip to the doctor would be covered.

However, you probably wouldn't even receive wage loss benefits in most states because you were only out of work for a few days. Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you.

You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination , and hiring expert witnesses—all of which require legal knowledge and skill.

Your claim is denied. Insurance companies deny workers' compensation claims for a variety of reasons. For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late.

To learn more, see our article on common reasons workers' comp claims are denied. You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing.

Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination IME with a doctor of its choosing.

The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. To learn more, see our article on how permanent disability ratings work.

You have a preexisting condition. If you have a preexisting injury or condition involving the same body part you injured at work, you'll be facing an uphill battle with the insurance company. The insurance company will likely blame your injury on your previous condition rather than your work activities. This is especially true if your injury has developed slowly over time, rather than during a single work accident. To learn more, see our article on repetitive stress injuries.

You're having trouble getting the treatment you need. Insurance companies often deny—or delay in approving—expensive medical treatments, such as surgery. Your employer's settlement offer doesn't cover all your lost wages or medical bills. If you're not sure a settlement offer is good enough, don't rely on the workers' compensation judge to make sure that you're getting a fair deal.

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney. Your medical issues prevent you from returning to your prior job, limit what you can do at work, or keep you from performing any work at all. If you've suffered permanent disability—whether partial or total—you may be entitled to weekly payments or a single lump sum to make up for your lost wages.

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits. If your settlement isn't structured properly, your workers' comp benefits could significantly lower Social Security disability payments.

An experienced attorney will understand how to draft your settlement agreement to minimize or eliminate this offset. Your boss retaliates against you for filing a workers' comp claim.

If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct. The workers' comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury such as a negligent driver who hit you while you were driving for work , your employer doesn't have workers' comp insurance, or your employer intentionally caused your injury.

An experienced lawyer will be able to explain how the law applies to your situation. What Your Attorney Will Do for You In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence needed to support your case, negotiate effectively with the insurance company, and write a settlement agreement to avoid unanticipated consequences. Tilting the Scales in Your Favor The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers.

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