Do I Need an Attorney for Workers’ Compensation?

Quick Answer

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If you have a serious injury or your claim has been denied, having an attorney for workers’ compensation is highly recommended. For simple claims involving minor injuries, you might not need the help of a lawyer, but usually, handling any claim on your own isn’t recommended.

Here’s a closer look at how to determine whether you need to contact an attorney after a work injury.

When to Consult an Attorney for Workers’ Compensation

If you aren’t sure whether you need a lawyer or not, it’s best to err on the side of caution. Our workers’ compensation lawyers offer free consultations, and we can tell you whether hiring a lawyer is advisable for your particular situation.

These are some example scenarios where contacting our attorneys for workers’ compensation is a good idea:

Your Claim Has Been Denied or Unreasonably Delayed

If your claim is being delayed or has been unfairly denied, we may be able to help. Workers’ compensation insurance companies often deny claims to avoid paying them. However, they may also use delay tactics to keep their payments to a minimum. 

Some common examples of these practices in action include:

• After a long delay, many injured people will accept lower settlements.
• Some injured people may give up entirely.
• The longer the insurance company holds onto its money, the more interest it earns.

Such tactics often fall under the category of bad-faith insurance practices. Insurance companies tend to get away with them when injured claimants have no legal representation. Our attorneys for workers’ compensation can see right through these tactics to deliver the advocacy you need.

You’re Confused About Seeking Medical Treatment

Our workers’ compensation lawyers are deeply familiar with the claims process. Many of our clients are unsure of what type of doctor they need to see. Others are unhappy with their current provider but are worried they’ll void their claim if they switch.

Work injuries are exhausting enough as it is. When you have skilled legal representation, you’ll be free to focus on healing.

You Have a Serious Pre-Existing Condition

If your work injury significantly aggravates a pre-existing condition, you should still be able to receive compensation. Unfortunately, many insurance companies will try to use your pre-existing condition to underpay or deny your claim.

Your Symptoms Developed Gradually

Similarly, insurance companies often fight against claims for gradual-onset injuries. For example, if you fall off scaffolding and break your leg, it’s clear that the injury happened at work, but if you develop carpal tunnel syndrome over time, the insurance company might argue that your activities outside of work caused it.

Your Employer Says Your Injury Isn’t Covered by Workers’ Compensation

Workers’ compensation insurance companies are behind many claim denials and delays. However, in some cases, your employer may be to blame. 

With the exception of Texas, all states require most private employers to carry workers’ compensation insurance. If your employer tries to dissuade you from filing a claim, it might be because they don’t have the required coverage.

If your employer doesn’t have workers’ compensation insurance, that doesn’t mean you’re out of luck, though. You may still be able to file a civil lawsuit to recover damages.

The Doctor Clears You for Work Before You’re Ready

Generally, the workers’ compensation system requires you to see a doctor approved by the insurance company’s network. These doctors are supposed to honestly evaluate your injuries, but it’s not impossible to have a doctor who prioritizes the interests of the insurance company.

If your doctor clears you to work before you’re ready, you need a legal advocate to safeguard your well-being. We may be able to arrange for you to see another provider.

Examples of Situations Where You May Not Need an Attorney

Some workers’ compensation claims are more complex than others. No matter how minor you believe your injury is, it’s always wise to first seek advice from an attorney. If your claim is relatively uncomplicated, you might find you don’t need legal representation. 

These are some examples:

Your Injury Was Minor

Workers’ compensation policies don’t only cover serious injuries. If you have a minor injury at work and there are no complications, the insurer might agree to pay the claim in full.

You Don’t Have a Pre-Existing Condition

If you have a pre-existing condition that can be connected to your injury in any way, the insurance company may try to use it to deny your claim. Hiring our attorneys is the best way to level the playing field.

You Didn’t Miss Work, or You Missed Very Little Work

In cases involving minor injuries, you may not need compensation for lost wages. As long as the insurance company is paying your medical bills, representation may not be necessary.

Your Employer and the Insurance Company Accept Your Claim

Insurance companies can be challenging to deal with, but they don’t always delay or deny claims. If your employer acknowledges your work injury and the insurance company pays it without issue, you might not need a lawyer.

How a Workers’ Comp Attorney Can Help

Workers’ compensation attorneys do more than many people realize. These are some of the ways we may be able to increase your claim’s chances of success:

Investigating and Gathering Evidence

When you have ample evidence to back up your claim, it becomes much harder for the insurance company to deny it. We understand what types of evidence you need to build a convincing case.

Negotiating With the Insurance Company

Workers’ compensation cases rarely go all the way to court. Often, your attorney will negotiate with the insurance company to reach a fair settlement. 

Identifying Other Liable Parties

If your injury was the fault of a third party, we may be able to help you pursue additional compensation. For example, if you’re a delivery driver and get injured in a car accident on the highway, you may be able to file a personal injury lawsuit against the driver in addition to your workers’ comp claim.

Guiding You Through the Appeals Process

If your claim is denied, your lawyer can build a convincing appeal and argue your case.

Looking for an Attorney for a Workers’ Compensation Claim?

It’s easy to feel lost after a work injury, and often, your employer and their insurance company won’t do much to guide you through the process. The Pond Lehocky Giordano team is here to offer skilled legal guidance and compassionate support. 

As the largest workers’ comp firm in the country, we’ve earned a reputation as fearless champions for the injured. Contact us for a free consultation today.