Do You Need Counsel?
Many injured workers ask our firm through our free consultation program if they can or should handle their workers’ compensation case without counsel. Many injured workers are also concerned about “hiring an attorney to go up against their employer.” Oftentimes, an injured worker can and should handle the claim themselves. For example, if a worker suffers an injury at work that is covered by workers’ compensation, no disputes exist, and the injury heals back to normal, the injured worker may not need counsel. Similarly, if an injured worker is paid full workers’ compensation benefits, has a permanent injury, and receives a fair settlement offer as compensation for the permanent partial impairment, the injured worker may not need an attorney.
However, there are many, many examples where an injured worker may benefit greatly from qualified representation. The Indiana Workers’ Compensation Act, and the insurance carrier may not offer fair compensation in many types of cases. For example, if an injured worker has a high probability of requiring future medical care as part of the claim, insurance companies oftentimes will not offer to keep the medical portion of the case open to pay for future medical care. Second, many insurance carriers hire doctors who tend to minimize injuries at the time of settlement so that the settlement offered to the injured worker is low and the treating doctor receives ongoing referrals from the insurance carrier. A qualified workers’ compensation attorney will be well equipped to know if the settlement offer is fair or not.
Also, an injured worker may have a claim for the highest benefit available under Indiana law which is called permanent total disability. Permanent total disability or PTD for short, can pay an injured worker a weekly workers’ compensation check for life.
Was Your Claim Denied?
If a claim has been denied by an insurance company as not work related, an injured worker, if he or she handles the claim on their own, will be forced to present a case against an insurance carrier with significant resources and with legal counsel who knows the ins and outs of our workers’ compensation system. In a denied claim, an injured worker certainly would benefit from an attorney.
As information becomes more and more available on the internet and in other sources, our firm sees many injured workers trying to represent themselves. Sometimes, this is a good plan so that the worker does not have to pay an attorney a fee. However, in most cases, this is not a good plan. The attorneys at Klezmer Maudlin will honestly evaluate your case through a free consultation and tell you whether or not you would benefit from representation. Many times we tell prospective clients that they do not need our help and other times we tell them that they might benefit from our help.
Since we founded our law firm, we have helped more than 30,000 workers in Indianapolis, Evansville and throughout Indiana to explore and pursue workers’ compensation benefits and many other forms of relief available to them. In fact, Thomson West selected attorneys Randal M. Klezmer and Nathan B. Maudlin to write a guide that is, today, used by lawyers across the state: The Indiana Workers’ Compensation Law and Practice Manual.
Call or connect with us online to discuss your case. We can learn more about how your construction fall occurred and craft a legal strategy that is tailored to meet your unique needs and goals.