When to Hire a Workers Comp Lawyer
Navigating workers’ compensation can feel like walking through a maze. You’re dealing with your injury, medical bills are piling up, and you’re unsure if your employer’s insurance will cover everything. At what point do you need to bring in a workers comp lawyer? Let’s break it down.
Signs You Need a Workers Comp Lawyer
The Insurance Company Wants to Take a Recorded Statement
Recorded statements are taken to determine whether or not the insurance company will accept or deny your claim. The adjuster may ask you questions that do not seem harmful but your answers could be disastrous to your case. You need to be very careful with what you say and how you say it. If an adjuster wants to take a recorded statement, DO NOT agree to do it until you have gotten advice from an experienced attorney. (Note…include hyperlink to blog on Recorded Statements)
Your Claim is Denied
Workers’ comp claims can be denied for numerous reasons—maybe your employer disputes the claim, or the insurance company believes the injury isn’t work-related. If your claim gets denied, your case might not be not over. Take the time to speak with an experienced workers’ comp lawyer who will let you know if you have a good claim to pursue even if the insurance company says otherwise.
Insufficient Benefits
Sometimes, the insurance company will not approve all of the treatment that your doctor recommends or it feels like they are not paying enough for your wage loss. A good workers compensation lawyer can help investigate what is going on, file appropriate motions and fight to get you the compensation you are entitled to receive.
Permanent Disability
If your injury results in a permanent disability, calculating the long-term impact on your earning capacity and lifestyle is complex. A lawyer can help secure the maximum benefits you’re entitled to. When you get a disability “rating”, the insurance company will act quickly to try and settle your case. You may receive a copy of a Form 26A that they ask you to sign. You should not sign anything until you have had the chance to speak with an experienced attorney.
Retaliation from Your Employer
Facing discrimination, demotion, or outright termination after filing a workers’ comp claim is illegal. If you experience any form of retaliation, it’s time to consult a lawyer.
Third-Party Claims
If a third party (not your employer) contributed to your injury, you might have grounds for a lawsuit in addition to your workers’ comp claim. An attorney can navigate these dual claims.
Pre-Existing Conditions
Insurance companies often deny claims, citing pre-existing conditions as the cause of injury. A lawyer can help prove that your workplace incident exacerbated a pre-existing condition and fight to get you the compensation you deserve.
Social Security Disability Involvement
When a workplace injury affects your ability to work long-term, coordinating workers’ comp benefits with Social Security Disability benefits can be tricky. Legal guidance ensures you don’t lose out on potential benefits.
Disputed Permanent Disability Rating
If your employer or their insurer disagrees with your doctor’s assessment of your permanent disability rating, legal intervention is necessary to resolve these disputes. The insurance company will not tell you about your rights to a second opinion and they will not tell you that there may be better options to settle beyond just accepting this form of compensation. Talk to a lawyer and find out the full extent of what benefits you may be entitled to receive and what your best settlement options may look like.
Complex or Severe Injuries
For severe injuries requiring extensive medical treatment, surgeries, long-term care, or home health care, the stakes are higher. A lawyer can help ensure all your future medical needs are covered.
What Does a Workers Comp Attorney Do?
1. Case Evaluation
A workers comp attorney will initially evaluate your case to determine its validity and the best course of action. They’ll review all documentation, including medical records and employer reports, to understand the extent of your injury and its impact. A good lawyer will tell you the good AND the bad about your case. It is important to leave with a full understanding of your rights and knowledge about the best way to move forward.
2. Filing Paperwork
From filing the initial claim to submitting appeals, a workers comp lawyer handles all the necessary paperwork. This ensures that everything is completed correctly and submitted on time, reducing the risk of administrative errors that could derail your claim.
3. Gathering Evidence
To build a strong case, your attorney will gather and organize all relevant evidence. This may include medical records, witness statements, and expert testimony to support your claim.
4. Negotiating with Insurance Companies
Insurance companies often aim to minimize payouts. Your lawyer will negotiate on your behalf to ensure you receive fair compensation for your injuries, lost wages, and any other related expenses.
5. Representing You at Hearings and Trials
If your case goes to a hearing or trial, your lawyer will represent you, presenting evidence, questioning witnesses, and making legal arguments to support your claim.
6. Advising on Settlement Offers
Throughout the process, your lawyer will advise you on whether to accept a settlement offer or pursue further legal action. They’ll provide insight into whether an offer is fair based on the extent of your injuries and other factors.
7. Coordinating Benefits
A workers comp attorney can also help coordinate workers’ comp benefits with other benefits you might be entitled to, such as Social Security Disability. This ensures you maximize your overall compensation without negatively affecting your benefits.
Benefits of Hiring a Workers Comp Lawyer
- Expert Knowledge and Experience: There are workers’ comp lawyers in North Carolina who specialize in this area of law. These lawyers know the ins and outs of the legal system, the typical tactics used by insurance companies, and the best strategies for getting you the compensation you deserve.
- Maximized Benefits: A skilled lawyer can often secure higher compensation amounts than you might achieve on your own. They understand how to calculate the full extent of your losses, including future medical expenses and lost wages.
- Handling Paperwork and Deadlines: The workers’ comp process involves a lot of paperwork and strict deadlines. A lawyer ensures that all documents are filed correctly and on time, preventing administrative errors that could jeopardize your claim.
- Effective Negotiation: Insurance companies aim to minimize their payouts. An experienced lawyer knows how to negotiate effectively with insurers to reach a fair settlement.
- Legal Representation: If your case goes to a hearing or trial, having a lawyer to represent you can be invaluable. They present evidence, question witnesses, and make legal arguments on your behalf.
- Reducing Stress: Dealing with a workers’ comp claim can be stressful, especially when you’re recovering from an injury. A lawyer handles the legal complexities, allowing you to focus on your recovery.
- Contingency Fee Basis: Workers’ comp lawyers work on a contingency fee basis, meaning they only get paid if you win or settle your case. This arrangement makes legal representation accessible without upfront costs.
Steps to Hiring a Workers Comp Lawyer
1. Research Potential Lawyers: Look for attorneys specializing in workers’ comp law with a track record of successful cases. Online reviews and recommendations from trusted sources can also guide your search.
2. Schedule Consultations: Most workers’ comp lawyers offer free initial consultations. Use this opportunity to discuss your case and evaluate whether the lawyer is a good fit.
3. Prepare for the Meeting: Bring all relevant documentation—medical records, claim forms, correspondence with your employer and insurance company, and any other evidence related to your injury.
4. Ask Key Questions: During the consultation, ask about the lawyer’s experience with similar cases, their approach to handling your case, and their fee structure. Ensure you understand any potential costs involved.
5. Evaluate Communication and Comfort: Level Choose a lawyer who communicates clearly and makes you feel comfortable. You’ll be working closely with them, so a good rapport is essential.
6. Sign a Retainer Agreement: Once you’ve selected a lawyer, you’ll sign a retainer agreement outlining the terms of your legal representation. Make sure you understand the agreement before signing.
7. Collaborate and Stay Informed: Maintain open communication with your lawyer, provide any requested information promptly, and stay informed about the progress of your case.
FAQs About Hiring a Workers Comp LawyerQ: Can I afford a workers comp lawyer? Most workers’ comp lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This makes legal representation accessible even if you’re facing financial difficulties. Q: How long do I have to hire a workers comp lawyer? It’s best to consult a lawyer as soon as possible after your injury. There are strict deadlines (statutes of limitations) for filing workers’ comp claims and appeals. Q: What if my employer doesn’t have workers’ comp insurance? In many states, employers are required to have workers’ comp insurance. If your employer lacks coverage, a lawyer can help you explore alternative avenues for compensation. |
Contact a North Carolina Workers’ Compensation Attorney Today
Workers’ compensation is a vital resource for employees who suffer work-related injuries or illnesses. To ensure you receive the support you deserve, it’s essential to avoid common pitfalls. Remember not to delay reporting injuries, seek prompt medical attention, and contact an experienced lawyer.
The workers’ compensation lawyers at Wilson, Reives, & Doran in Sanford, North Carolina, are here to provide you with trusted, experienced, effective legal counsel. We’ll focus on your compensation case, allowing you to focus on recovery and moving forward in your life.
We offer a free consultation in which we help you make the best legal and financial decisions. To set up your free consultation, please contact us here or call us at (919) 928-5839.