Should You Hire a Workers' Compensation Attorney or Handle Your Case Yourself?

If you’ve been injured or become ill because of your job, you might be wondering whether you need to hire a workers’ compensation lawyer or if you can manage your own case.

The answer depends on how serious your situation is, the complexity of your case, and how your employer and their insurance company are handling things.
 

When You Might Handle Your Own Case

In some cases, you might be able to deal with your workers’ compensation claim by yourself. This is usually possible if all of the following points apply:
 

• Your injury is minor, like a sprained ankle or a small cut requiring stitches.
• Your employer agrees the injury happened at work.
• You haven’t needed much time off work (or none at all) because of the injury.
• You don’t have a pre-existing condition that affects the same part of your body (for example, an old back injury aggravated by your workplace accident).

Even if your case seems simple, it’s often worth contacting a workers’ comp lawyer for a free consultation.

They can let you know what to expect, warn you about potential challenges, and help you decide whether you’d benefit from legal help.
 

When You Should Hire a Workers' Comp Attorney

If your case becomes complicated, it’s time to call a lawyer. Here are examples of situations where hiring an attorney is essential:

1. Your employer denies your claim or doesn’t pay your benefits on time.

It’s common for employers and insurance companies to reject valid claims, hoping workers won’t appeal. A lawyer can improve your chances of receiving fair compensation since they work for you without upfront fees (more on costs later).

2. The settlement offered doesn’t cover all your lost wages or medical expenses.

Workers’ compensation judges usually approve settlements unless they’re extremely unfair, but a lawyer will fight to make sure you get the best terms possible.

3. Your injury limits your ability to work or prevents you from working altogether.

If you’re permanently disabled (partially or fully), you may be entitled to long-term payments or a lump sum to replace your lost wages. Since these types of claims are expensive for insurance companies, they often fight hard to avoid paying. A skilled workers’ compensation attorney will make sure you get what you’re owed.

4. You also receive or plan to apply for Social Security disability benefits.

Without proper planning, your workers’ compensation benefits could reduce your Social Security disability payments. A lawyer can make sure your settlement is structured in a way that avoids this issue.

5. Your employer retaliates against you for filing a claim.

If your boss punishes you for pursuing a workers’ comp claim – such as by firing you, cutting your pay, demoting you, or reducing your hours – you have rights. A lawyer will help protect those rights.

6. Your injury was caused by someone else or your employer’s serious misconduct.

Normally, workers’ comp prevents you from suing for workplace injuries, but there are exceptions. If a third party (like another driver) caused your injury, your employer doesn’t have workers’ comp insurance, or your employer intentionally caused the harm, you may be able to sue. An attorney can explain your legal options.
 

What a Workers' Comp Lawyer Can Do for You

The workers’ compensation system was created to fairly and quickly help injured workers. However, these days, it often favors employers and insurance companies instead.

A good workers’ comp attorney will take care of legal paperwork, ensure deadlines are met, collect evidence to support your case, and negotiate with the insurance company on your behalf.

They can also help you write a settlement agreement, making sure it avoids problems like unnecessary tax consequences or reduced Social Security benefits.

If negotiations fail, your lawyer will represent you in hearings or trials. Their goal is to get you the best possible outcome.
 

Hiring a Workers' Comp Attorney

Insurance companies have teams of experienced lawyers on their side, so hiring your own attorney helps balance the scales.

The good news is most workers’ comp lawyers don’t charge upfront fees. Instead, they take a small percentage of any money you win, so there’s little financial risk in seeking legal help.

If you’re unsure whether you can handle your case alone, don’t hesitate to reach out to a workers’ compensation lawyer for a free consultation.

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