When do you need a Work Injury Lawyer?

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Not all injured workers will need to hire a workers’ compensation attorney. The workers’ compensation system is an administrative process, not a lawsuit, and there is no jury trial. Simple first-aid claims are usually straightforward. If your claim is undisputed, involves no permanent work restrictions, lost time, or future medical care, you likely don’t need a lawyer. However, the process can get complicated, and many injured workers will need legal help.

In some cases, an injured worker can make a claim outside of workers’ compensation. If your injury involves a negligent third party or other legal issues, you might need an employment lawyer.

When a Workers’ Compensation Lawyer Is Necessary

Here are some situations where you might need a workers’ compensation lawyer:

Your Claim Is Denied

Insurance companies deny claims for various reasons, such as disputing that your injury is work-related or claiming you filed too late. A lawyer can help you appeal the denial and navigate the process.

Your Permanent Disability Rating Is Disputed

Most settlements are for permanent partial disability benefits based on your disability rating. If the insurance company disputes this rating, a lawyer can help ensure you get a fair evaluation and benefits.

You Have a Preexisting Condition

If you have a previous injury or condition affecting the same body part, the insurance company might blame your current injury on that. A lawyer can help prove your work activities caused the injury.

You’re Having Trouble Getting Treatment

Insurance companies often delay or deny medical treatments. When the industrial clinic doctor doesn’t believe you, discounts your symptoms & pain, blames a pre-existing condition or sends you back to work when your not healed yet. A lawyer can help handle these issues and help you get the necessary treatment.

Your Ability to Work Has Been Affected

If you can no longer work or need to change careers, a lawyer can help you secure the benefits and job training you need.

You’re Receiving Other Government Benefits

If you receive Social Security Disability Insurance (SSDI) benefits, a lawyer can help minimize any reductions in these benefits due to workers’ compensation.

You Have a Workers’ Comp Hearing

If the insurance company won’t settle or offers a low settlement, you might need to prove your case at a hearing. A lawyer can represent you in this mini-trial.

Is a Work Injury Lawyer Worth the Cost?

Workers’ compensation lawyers usually charge a contingency fee, a percentage of the benefits they help you recover. In California, fees are generally capped at 15% and must be approved by a judge.

Hiring a lawyer often results in a higher settlement offer because they understand the law, know how to negotiate, and can build a strong case. Even after the lawyer’s fee, you’re likely to receive more in benefits.

For a confidential free consultation and more information about your situation, feel free to call, email, or text.