Did you know that one American worker gets injured on the job every seven seconds?
Granted, many of these injuries are relatively minor and require no legal action. But what if you’ve been seriously injured at work? Do you need a workers compensation lawyer, or is it best to handle matters on your own?
Like other legal matters, workplace injuries are rarely “black and white.” Injury law is complex and it can be hard to know where your case stands.
In this post, we’ll discuss some factors to help you decide if and when to hire a workers comp lawyer. It’s not a decision to take lightly, so keep reading to ensure you can make an informed decision.
Do You Need a Workers Comp Lawyer?
Before we jump into instances where you might consider a workers comp attorney, let’s outline when it probably isn’t necessary to seek legal help.
Does any of the following apply to your injury claim?
- Your injury was minor and there were no complications
- Your injury didn’t require you to miss more than a few hours or one day of work
- Your employer acknowledges your claim and the fact that you were injured on the job
- You have no pre-existing conditions that could complicate your recovery
If you can answer “yes” to all of the above, chances are that you don’t need to hire a lawyer. Your claim should be fairly simple to process and, if all goes well, you’ll heal up and return to work right on schedule.
When Do You Need a Lawyer for Workers Comp?
Unfortunately, not all injury cases are as cut and dry as the scenario presented above. Even if your injury isn’t severe, you could face a legal battle with your employer or insurance company (or both).
Here are five sure signs you need to talk to a workers compensation lawyer (soon)!
1. Your Injuries Are Severe
Paper cuts hurt, but they’ll heal up in a few days. The types of accidents that result in severe injuries often include slip and falls, heavy lifting, equipment malfunctions, or repetitive strain injuries.
What constitutes a “severe” injury — severe enough to merit calling a workers comp attorney? It’s safe to say your injuries are severe if:
- You were taken to the emergency room or admitted to the hospital
- You required surgery or will require it in the future
- You’re now suffering from partial or total disability
- You lost an eye or a limb, or you suffered severe burns
- You don’t know if or when you’ll be able to return to work
- You’re in chronic pain and will need ongoing medical treatment
Keep in mind that some injuries, such as whiplash, may not be apparent right away. Others develop over time. If you have any doubts about your physical condition or the doctor who examined you, it’s good to seek counsel from an experienced lawyer.
2. Your Employer Has Denied Your Claim
Every employee has the right to workers compensation benefits, regardless of where they live or what type of work they do.
Still, this doesn’t mean your employer is automatically going to accept your claim. In fact, 7% of legitimate workers comp claims get flat-out denied every year.
Even if you’ve always had a great relationship with your employer, people can be strange when it comes to money and legal matters. They may deny your claim hoping to avoid a payout or with the assumption that you won’t file an appeal.
Provided you did everything correctly on your end — notified your employer, supplied medical evidence, and filed your claim within the Statute of Limitations — your employer has no right to deny it. This is a definite sign that you need a good lawyer on your side.
3. You Receive a Lowball Settlement Offer
Insurance companies, of course, don’t want to pay a penny more than they have to. It’s common practice for them to throw out a settlement offer that falls far short of what you actually need (and deserve).
Any settlement offer should be enough to cover your current medical bills, but what about other costs? Will you require ongoing medical treatment? What about lost wages from time off work? What if you can’t return to work at full capacity because of a new disability?
Before you accept any offer, even if it seems fair, it’s wise to discuss it with a workers compensation lawyer. They understand the specific laws in your state and know how to estimate your future medical bills and other costs.
4. You’re Still Waiting to Receive Benefits
Different states have different laws, but your employer typically has anywhere from 14 to 90 days to review and accept (or reject) your claim.
What if your employer misses the deadline? Or what if they accept your claim but you still haven’t received any payment? Contact a workers comp lawyer ASAP to get things moving with your case.
5. You’re Experiencing Backlash or Harassment at Work
There are over 20 different laws that protect employees from workplace retaliation. No matter the outcome of your claim, your employer cannot legally:
- Fire you
- Demote you
- Lower your pay
- Increase your workload without increasing your pay
Harassment can also be less subtle, too. It might come in the form of unwelcome jokes, pranks, or threats. Or you might now be excluded from professional or social company events.
Any of these actions are federally illegal, so protect your rights by discussing your case with an attorney.
When to Hire a Workers Comp Lawyer: Now You Know
If your injury was severe, it probably wasn’t difficult to decide when to hire a workers comp lawyer.
What if your injury wasn’t drastic, but it’s still left you with a stack of medical bills or a small disability? Or what if your employer is denying your claim or you’ve received a lowball settlement offer?
Hiring a workers comp attorney isn’t just about your injury. It’s also about your rights to receive compensation for lost wages, emotional pain and suffering, and other factors that often get overlooked.
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