When to Hire a Workers’ Comp Lawyer

Sometimes, working on the job can lead to unfortunate accidents, causing severe injury and lost wages during your recovery period. That’s when you should hire a workers’ comp lawyer to represent you throughout the claims process.

The U.S. Bureau of Labor Statistics recorded that in 2022, over 2.8 million workers suffered non-fatal work injuries, with about 5,486 of them proving fatal.

These work injuries can derail your life if you don’t receive the right settlement amount for your losses.

Your medical condition can worsen over time, potentially forcing you out of the workforce entirely. That’s when the legal presence of a workers’ comp attorney can make or break your settlement claim.

This guide outlines the benefits on when to hire a workers’ comp lawyer. However, the best way to verify your legal claim is through consulting an attorney directly.

The Pros of Hiring a Workers’ Comp Attorney

Some people may be concerned about hiring a workers’ comp attorney and accept whatever settlement their employer offers.

However, medical conditions may worsen over time, and preemptively accepting a settlement may prevent future medical bills from being covered.

The pros to hiring a workers’ comp lawyer are:

• Experienced lawyers can help you understand the laws and intricacies of filing a workers’ comp claim.
• Lawyers are great at negotiating settlement offers, helping you receive the best work benefits your company offers.
• You’ll be protected from dishonest insurance adjuster practices.
• If your claim was denied, your lawyer can guide you through the appeals process, submitting the right documents for future approval.
• They can help you avoid common mistakes you can make after a workplace injury.
• Contingency fees may apply, meaning you owe nothing to your lawyer if they lose your case.

Hiring a lawyer may sound costly, but you can earn much more than what your employer throws at you with a little legal pressure.

The Cons of Hiring a Workers’ Comp Attorney

Hiring a workers’ comp attorney may increase the likelihood of a successful claim, but there are scenarios where a lawyer isn’t needed. Take into account these liabilities when hiring a workers’ comp attorney for your case:

• Despite contingency fees avoiding upfront fees, your lawyer still takes a percentage from your settlement, reducing your total payout.
• Potential delays may occur as your lawyer extends your case due to the complexity of your claim.
• A workers’ comp lawyer may not necessarily be needed for small or simple claims. This is especially true if you have not missed multiple days of work due to your injury.

Therefore, hiring a workers’ comp lawyer may depend on your injury. You can take advantage of the numerous benefits an attorney can provide if you suffered grave losses while hurt at work.

When You Don’t Need a Workers’ Comp Lawyer

A workers’ comp lawyer may not be needed if any of the below qualities apply to your claim.

Some things to look for to not hire a workers’ comp lawyer are:

• Injuries are minor and simple—simple sprains, cuts, or bruises that don’t inhibit your time at work may not require a workers’ compensation claim.
• No time off work—you can work normally without suffering lost wages from your injuries.
• Your employer accepts your claim—your employer acknowledges they are responsible for your injury and will help settle your case.
• No pre-existing conditions—the injury was not related to prior medical problems.

There’s no need to hire an attorney if your employer accepts offering you compensation and your injuries were not severe.

Even though you can take the insurance company’s initial settlement offer, it’s still preferable to check with an attorney to see if you qualify for a higher claim.

9 Signs You May Need a Workers’ Comp Lawyer

If any of these apply to your case, it’s highly recommended you hire a legal specialist to represent you. Chances of approval tend to increase when you hire legal help, and most cases end in a settlement compared to those that go to trial.

If your legal case develops into something you can’t handle yourself, you may need an attorney to bridge the gap between you and approval.

Deadlines, paperwork, and possible delays can act as barriers in your case. Hiring a lawyer may smooth out such obstacles, resulting in a smoother legal process.

1. Denied Benefits

Your employer may believe your injury wasn’t work-related, requiring them to ask for further evidence. They may deny your claim, even claiming your workers’ compensation case was fraudulent or non-work related.

However, you may prove otherwise by hiring a workers comp attorney to help you gather necessary evidence. An attorney analyzes your claim and determines the right paperwork to send, reducing your chances of receiving a claim denial.

2. Your Settlement Doesn’t Fully Cover Your Losses

Sometimes, insurance companies may offer an unfairly low settlement to see if you’ll accept their offer. Insurance companies may attempt to lowball what you’re owed to avoid paying for weekly loss of income, medical bills, etc.

An attorney can help reject these meager settlement offers by putting pressure on insurance companies to pay what you’re owed.

To avoid court fees and risk of tremendous financial harm, insurance companies tend to settle instead of fighting in court. If you hire a workers’ compensation attorney that’s skilled and willing to go that far for your case, you may have an edge in settlement negotiations.

3. Your Condition Permanently Prevents You From Returning to Work

You may be using vacation or sick days to cover lost time from work. Your medical condition may also limit what you can do or keep you from performing your regular job duties.

However, you can’t rely on all your vacation days to make up for your income as those would run out. This is a sign to hire a lawyer to calculate compensation for losing work and potential future losses.

4. Qualifying for Alternative Work

Your employer may consider having you do alternate work if you meet certain requirements such as:

• Your primary physician has completed your stationary report, confirming your inability to return to your previous work responsibilities.
• Your employer offers alternate work where the pay is at least 85% of earnings from your previous job, the work is a reasonable commute, and responsibilities are reasonable.

Refusing to do alternative work could forfeit your eligibility for temporary disability benefits under workers’ compensation.

However, some states like California, cannot relinquish your temporary disability benefits based on your decision to refuse. Thus, you should contact a workers’ comp attorney to view your options in your state.

5. Retaliation Over Filing Your Claim

Another sign to hire a workers’ comp lawyer is when your employer retaliates against you for filing a claim.

Most states protect you from facing adverse actions when reporting you were hurt on-the-job. If an employer fires you for filing a workers’ compensation claim, that could be grounds for a wrongful termination lawsuit.

6. Proving the Severity of Your Injury

If your employer doesn’t believe your work injury is severe, you may hire a lawyer to gather evidence and make a case that you deserve compensation.

Take photos and videos, save medical documents, and find key witnesses to help your attorney formulate a compelling case.

7. Injuries Caused By a Third-Party

If you were injured by a third-party, they may be liable for your losses, separate from your workers’ compensation claim. Some steps to take if you sustained a third-party injury while working are:

1. Report the injury to your employer.
2. Seek immediate medical treatment.
3. Document the injury by saving medical records, and eyewitness statements, and taking photos of the injury.
4. Consult an experienced workers’ comp lawyer.
5. File a workers comp claim as soon as possible. You may also try to pursue a personal injury claim against them.

For third-party settlements, you may get compensated for medical expenses, lost wages, etc. If you were injured by a faulty product or if your employer intentionally inflicted injury, that may qualify for a third-party claim.

8. Applying for Social Security Benefits

A workers comp attorney can help you apply and maximize your social security benefits. It’s possible to apply for workers’ comp and social security benefits at the same time.

However, benefits can’t exceed more than 80% of your average earnings before disability.

9. Complex Workers’ Comp Cases

Any legal claim can turn complex if delays, denials, and catastrophic injury are involved. All the paperwork and forms can be overwhelming, especially if you’re barely recovering from your losses.

An experienced attorney can represent you, submitting paperwork and telling you the status of your case while you recover.

How Much Does a Workers’ Comp Lawyer Cost?

Depending on the state you reside in and the severity of your claim, your workers’ comp lawyer usually takes between 10 to 20% of your settlement benefits.

A workers’ comp lawyer may also work through contingency fees—there are no upfront-costs until the case is settled. Your workers’ comp attorney would get paid the agreed percentage from your total settlement.

What Can a Workers’ Comp Lawyer Do to Serve You?

A workers’ comp lawyer can serve you by navigating claims, gathering evidence and documents to support your case, negotiating higher settlements, ensuring fair compensation, and protecting your rights as an employee.

You may also encounter a workers’ comp deposition during your claim, and an attorney is an invaluable resource during that time. Ultimately, they are there to help you through the entire settlement process.

How Long Does a Workers’ Comp Case Take?

A worker’s comp case takes about an average of 16 months. However, 20% of workers’ comp cases get resolved quicker within six months, and about 50% of claims get settled within 13 to 24 months. Delays may also happen if your case is much more complex.

Once both parties have agreed on a settlement, there will be documents to sign and you’ll need a workers’ comp attorney to verify the paperwork. However, if nothing is agreed upon, your case may move to court.

If you’re not satisfied with the outcome of the settlement, you may file an appeal and present your case to the judge. You may also seek the higher court judge to appeal. The appeal process is complex, so hiring a workers comp attorney can help you through the legal process.

Contact a Workers’ Comp Lawyer Through LegalASAP

Contact a workers’ comp lawyer through LegalASAP to protect your rights while receiving compensation for your injury and losses.

Hiring a workers’ comp attorney to maximize your chances of success may be worth your time and money.

Submit a free quick evaluation form and see if you qualify for a workers’ compensation claim. If you have questions or inquiries, call us at 888-927-3080 and we’ll do our best to help you.