When To Lawyer Up: Workmen CompLawyers That Handle Insurance Claims

Victor Strauss Law

Not all injured workers will need to hire an attorney. After all, thescheme of workers' compensation is an authoritative processintended to be relatively simple for workers to navigate. As aworker, if you have a legitimate claim that your employer or itsinsurance company is not disputing, you can handle your claimon your own. Unfortunately, the workmen comp process is notalways that easy. Many workers will be required to—or canbenefit greatly from—employing a workers' compensation lawyerthat handles insurance claims.

In some rare cases, a worker who suffers an injury can claimoutside of workers' compensation, and a personal injury lawyerwould be appropriate. For instance, if you got injured due to youremployer's intentional action, or if you're a team member on aboat or a domestic railroad worker, you can sue your employerfor a workplace injury. In this feature, we'll explain to you thesituations when to lawyer up and when you are all set to goalone.

When a Workmen Compensation Lawyer Isn't Necessary

Involve explicitly work-related injuries

Don't demand extensive medical treatment

Don't involve extended periods off work, and

Don't result in permanent impairments.

If you suffer a relatively trivial injury at the workplace that fullycures with treatment, you apparently won't require hiring anattorney. Insurance companies often are unlikely to contradictclaims that:

When (Situations) a Workmen Compensation Lawyer IsTypically Unavoidable

Any time you're in dispute with your employer's insurancecompany, you should think of hiring a lawyer that handlesinsurance claims to represent you. You will have to accumulateevidence to challenge the insurance company's position,including taking depositions, demanding an independentmedical examination, and hiring expert witnesses—all of whichrequire judicial education and experience. Therefore it's best toleave these things to your attorney. The following are 4situations where the hiring of an attorney is unavoidable:

Your Claim Is DeniedOften, insurance companies deny workers' compensationapplications for a variety of vague reasons. For example, theinsurance company might challenge you that your injury isn't work-related, or they can refuse your application by saying that you filedyour application too late. You have the option to appeal the denialthrough the workers' compensation scheme. While the appealsprocess differs from state to state, it usually expects you to filelegal paperwork, practice legal tools to collect evidence andpresent your claim at the hearing.

You're Having Difficulty Getting The Treatment You Need

Insurance companies usually reject—or hold in approving—costlymedical treatments, such as surgery. An attorney can put stresson the insurance company to support essential medical treatmentspromptly.

Your Permanent Disability Rating Is Disputed

The amount of most workers' comp settlements and grants are forpermanent disability advantages. These benefits are estimated onthe basis of your permanent disability evaluation. If the insurancecompany doesn't agree with the rating given by your treatingdoctor, the company can conduct an independent medicalexamination (IME) with a doctor of their choice.A compensationlawyer can be imperative to get you just compensation orpersuade a judge that you are qualified for a higher rating.

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