When Should I Hire a Workers’ Comp Lawyer?

Suffering a work injury is devastating in many ways: you’re injured, unable to work, and worried about your income. Unfortunately, not all employers and insurance companies provide workers the benefits they’re entitled to by law. To ensure that your rights are protected, you should contact an attorney immediately.

Can I Represent Myself in a Workers’ Compensation Case?

It is possible to represent yourself in a workers’ compensation case, but it is not recommended. We strongly advise against representing yourself because your employer and their insurance company will be represented by an experienced workers’ compensation lawyer, putting you at a severe disadvantage.

Even in seemingly simple situations, it is a good idea to contact a workers’ compensation attorney for a free consultation about your case. The attorney can walk you through the process, alert you of any potential pitfalls and give you an honest appraisal of your case.

What Will a Workers’ Compensation Lawyer Do for Me?

A workers’ compensation lawyer can guide you at every step of the process. Ideally, as soon as you can after your injury has occurred, you should contact a workers’ compensation attorney to prevent any ramifications.

These are just some of the things a workers’ compensation lawyer can help you with:

• Gathering as much evidence and information as possible, medical or otherwise, to help you prove your injury was work-related
• Filling out your paperwork correctly and on time so you don’t file after the statute of limitations has already passed
• Finding the right doctor who has experience evaluating patients for work-related injuries and who can create a report you can use in your case that accurately documents your injuries and how you got them
• Evaluating any settlement offers that come your way to ensure they’re fair before you agree to them, and representing you when it comes time to discuss them with the insurance company
• Appealing a denial if your workers’ comp claim is unfairly dismissed
• Answering any questions you may have throughout the process so as to put your mind at ease so you are able to recover without the added stress of a complicated lawsuit to worry about

How Long Do You Have to File a Workers’ Compensation Case?

By law, you have 120 days to report your injury to your employer. The time begins from the date of your injury or from the date you knew or should have known of your occupational illness or disease. If you do not provide notice within 21 days, you will not be entitled to recover workers’ compensation benefits until the date that you do give notice, as long as it is given within the 120 days, as failure to do so will prevent you from collecting any benefits.

There are also deadlines for when you are to hand in specific paperwork. Missing those deadlines or filing the paperwork improperly could jeopardize your benefits. An experienced Pennsylvania workers’ compensation attorney can ensure your rights are protected. There is no fee unless your case is won, and a judge must approve all fees.

In addition to ensuring that you file all the necessary forms and meet all the necessary deadlines, your attorney understands how to gather medical evidence that properly documents your injury. Relying on “independent” physicians who perform exams for insurance companies is a common but costly error committed by claimants who choose to represent themselves. A workers’ compensation attorney can estimate the value of your case and evaluate any settlement offers you receive.

When Should You Hire a Pennsylvania Workers’ Compensation Lawyer?

Knowing when to hire a workers’ compensation lawyer is crucial, and waiting too long can jeopardize your ability to receive benefits. You should hire an attorney to help you:

• While filing a workers’ compensation claim after an injury. The attorney can ensure that you, your employer, and its insurance company take all the proper steps. If your injuries are not properly documented when you initially file a claim, you may not receive the full benefits you deserve.
• If your employer or the insurance company denies your workers’ compensation claim. 21 days after you report your work injury, your employer must decide whether to accept your claim. Your employer can choose to:
  • Accept your claim fully, paying for your medical expenses and lost wages
  • Approve payment for your medical bills and deny payment for lost wages
  • Accept your claim temporarily for 90 days if it’s unclear whether your injuries are work-related (the insurance company can stop your benefits any time within that 90 days)
  • Deny your claim if there isn’t evidence to prove you were injured on the job
• If your employer attempts to stop or modify your workers’ compensation benefits. Your employer and the insurance company may try to reduce or eliminate your benefits by requesting medical exams or finding vocational experts to say you are ready to go back to work, even if you are not.
• If your employer asks you to attend a medical examination or see a specific doctor. Some employers will try to control their employees’ medical treatments by telling them they can only see doctors from a specific list, which, in most cases, is not true. A lawyer will make sure you’re receiving quality medical treatment for your work injury.
• If there was a third party involved in your injury. Sometimes third parties are responsible for work injuries, which could mean additional settlement monies. For example, if a truck driver got into an accident because of another driver while making a delivery, the driver can sue the other driver.
• If you can collect additional benefits. Those who receive workers’ compensation are often eligible for other types of benefits such as Social Security disability. A lawyer can fight to help you receive the maximum amount of benefits available to you.

An experienced PA workers’ compensation attorney can provide you with the correct guidance about whether a lawsuit is the best course of action. Every single day, insurance companies deny valid claims, leaving injured workers and their families struggling to make ends meet. Being injured at work is traumatic enough without having to worry about whether you are going to get the benefits you deserve.

What Types of Benefits Can You File for in a Workers’ Comp Case?

Some of the benefits to which you may be entitled include:

• Medical expenses, including medications, treatments, doctor and hospital visits, and ongoing care
• Lost income you missed out on when you were unable to work
• Disability benefits if you are unable to work again or at your prior capacity after your injury
• Death benefits, if the person on whose behalf you are filing for passed away from their work-related injury

A Workers’ Comp Lawyer Can Help You Fight for Maximum Compensation

When it comes to getting the compensation you deserve, experience matters. At Pond Lehocky Giordano, our skilled attorneys have over 250 years of combined experience and a history of winning over 100,000 cases. Call 1-800-568-7500 or fill out our contact form for your free consultation.