What Does a Workers’ Compensation Attorney Do?

What Does a Workers' Compensation Attorney Do

When someone gets hurt at work, they often have many questions. One of them might be: Do I need a workers’ compensation attorney?

Generally, yes: Consult an attorney. Case evaluations are free, so you have nothing to lose by discussing your work-related injury with a workers’ comp lawyer before you file your claim or accept benefits.

Helping You Understand Your Rights

A big part of what a workers’ compensation attorney does is explain your rights. Workers’ compensation laws confuse most people. A lawyer can explain these laws in simple terms. They can tell you what benefits you might get, like money for medical bills or help if you can’t work because of your injury.

Filing Your Workers’ Compensation Claim

When you suffer injuries at work and need to file a workers’ compensation claim, it can feel overwhelming. There’s a lot of paperwork you need to fill out just right, and if it’s incorrect, it can lead to big problems with your claim. This is where a workers’ compensation attorney can help you.

Filing a workers’ compensation claim means you have to provide a lot of information. You need to describe the injury, how and where it happened, and the medical treatment you received.

Also, you face strict deadlines for filing a workers’ compensation claim. These deadlines differ depending on where you live. If you miss these deadlines, even by a little bit, you lose your chance to get benefits.

A workers’ compensation attorney knows all about these rules and deadlines. They have experience filling out these forms and know exactly what information is necessary. They also know the common mistakes people make and how to avoid them. This makes your claim more likely to succeed the first time you submit it.

Your attorney also keeps track of all the deadlines in your case. They ensure everything goes to the right place at the right time. You don’t have to worry about the paperwork. You can focus on getting better instead.

But filling out and filing the paperwork is just one part of what a workers’ compensation attorney does. They also help gather evidence to support your claim. This can include medical records, reports about the accident, and statements from you and any witnesses. They put all this information together in a way that supports your claim.

Gathering Evidence

Gathering evidence is a key part of making a strong workers’ compensation claim. When you sustain injuries from work, just telling your side of the story might not secure your benefits. You need solid proof to back up your claim that you have a job-related injury.

This is where a workers’ compensation attorney can help.

Why Evidence Matters

Evidence is the foundation of your workers’ compensation claim. It shows what happened, how it happened, and the impact of the injury on your life. Without evidence, it’s your word against your employer’s or their insurance company’s.

Having the right evidence can make the difference between getting the necessary benefits and a complete denial.

  • Medical records: These are perhaps the most important pieces of evidence. They show the extent of your injuries and the treatment you received. Medical records can include doctor’s notes, test results, treatment plans, and records of any hospital stays. They prove that you suffered an injury and give details about the severity of your injuries.
  • Accident reports: Accident reports are a key piece of evidence. This report, often by a supervisor or employer, can confirm that the injury happened at work.
  • Witness statements: If people saw what happened, their accounts can help. They can back up your version of events and provide additional details you might not remember. A workers’ compensation attorney can talk to these witnesses and get their statements in a way that helps your case.
  • Photos and videos: Pictures or videos of the accident or the place where it happened can constitute strong evidence. They can show your injury happened in a workplace accident or other critical circumstances. Photos of your injuries can also show their severity.

How a Workers’ Compensation Attorney Helps With Evidence

Gathering all this evidence is a lot of work, especially when dealing with an injury.

A workers’ compensation attorney takes on this task for you. They know what evidence will help and how to get it. They can request medical records, track down witnesses, and collect any available photos or videos. They also know how to put all this evidence together in a way that tells your story clearly and strongly.

An attorney also knows how to deal with problems in getting evidence. For example, if your employer doesn’t want to provide an accident report or if any issues arise with getting your medical records, your attorney can help. They understand workers’ compensation cases and can use this knowledge to make sure you have the best chance of getting your benefits.

Negotiating With Insurance Companies

When you have work-related injuries and are dealing with a workers’ compensation claim, one of the toughest parts can be negotiating with insurance companies.

These companies are in the business of making money, and sometimes, they might try to pay out as little as possible on your claim. This is where having a workers’ compensation attorney can help you.

The Challenge of Dealing with Insurance Companies

Insurance companies have a lot of experience dealing with work injury claims. They know all the tricks to reduce the amount they pay in benefits. They might question the severity of your injury or argue that it wasn’t completely from your work.

Sometimes, they might offer a lump-sum settlement that’s much lower than what you deserve for future benefits. You may feel tempted to take this offer, especially if you’re facing medical bills and lost income. However, never accept any settlement from an insurer without consulting a workers’ compensation lawyer.

How a Workers’ Compensation Attorney Can Help With Insurance Companies

Workers’ Compensation

A workers’ compensation attorney knows how insurance companies operate. They have experience dealing with these companies and understand their tactics. This means they can protect your interests.

When an insurance company offers benefits or a lump-sum settlement, your attorney can tell if it’s fair or not. If it’s not, they can negotiate for a better result.

Negotiating with insurance companies involves a lot of back-and-forth communication. Your attorney will argue your case, using the evidence gathered to show the true extent of your injuries and how they’ve damaged your working ability. They can push back against any attempts by the insurance company to downplay your claim.

Representing Your Best Interests

Throughout the negotiation process, your attorney is your advocate, and they represent your best interests. Their goal is to get you the benefits you deserve, not just what the insurance company is willing to give. This support can help you through a stressful and challenging time.

Representing You at Hearings

You might need to attend a hearing if your workers’ compensation claim runs into problems. This challenging experience gets worse when you’re still recovering from your injury or if you’re not used to speaking in legal settings. This is where a workers’ compensation attorney can give you a huge advantage.

The Role of a Hearing in Workers’ Compensation Claims

A hearing is like a mini-trial. It’s a formal process where you present your case to a judge. The judge will listen to what happened and why you need workers’ compensation benefits.

Cases usually go to hearings because of a disagreement or denial in your claim. Maybe the insurance company doesn’t believe your injury is as serious as you say, or they don’t think it’s related to your job.

Having a workers’ compensation attorney with you at a hearing makes a big difference. They speak on your behalf, presenting your case to the judge or panel.

This involves explaining the details of your injury, how it happened, and the impact it has had on your life. Your attorney will also present all the evidence gathered to support your claim, like medical records and witness statements.

Your attorney knows how to argue a case in a clear and persuasive way. They understand what judges look for in these hearings and how to answer their questions. The way you present your case can have a big impact on the outcome.

Preparing for the Hearing

Before the hearing, your attorney will prepare you for what to expect. They’ll go over the kinds of questions you might need to answer. This preparation can help you feel more comfortable and confident. The judge needs to understand exactly what happened and how it affected you, so speak honestly and clearly.

Addressing Questions and Concerns

The insurance company’s lawyers will likely ask you questions or challenge your claim. Your attorney will help you address these questions and challenges. They can object to inappropriate questions and protect your right to benefits.

A Lawyer Can Provide Advice and Support

When you’re dealing with a workers’ compensation claim, a lawyer can provide helpful advice and support. This process can grow confusing and sometimes overwhelming if you’re trying to recover from an injury at the same time. A workers’ compensation attorney plays a vital role in guiding you through this process and easing your stress.

From the moment you start your claim, your attorney is there to answer any questions you have. They can explain how the workers’ compensation system works and what to expect at each step. This includes help with understanding the paperwork, explaining the medical evaluations you might need, and advising you on what to do if you receive an initial claim denial.

Your attorney can also guide you to make important decisions about your claim. For example, they can advise you on whether to accept a settlement offer from the insurance company instead of continuing monthly benefits. They can weigh the pros and cons, considering how the offer compares to your needs. This advice helps you make informed decisions in your best interest.

Another area where your attorney provides support is dealing with the uncertainty and stress of the claim process. The added pressure of a legal process can make dealing with an injury even harder.

Your attorney takes on the burden of the legal work. This means they handle all communications with the insurance company, gather evidence, fill out and file paperwork, and represent you in hearings. With your attorney handling these tasks, you can focus on your recovery and health.

Your attorney is also there to support you emotionally. They understand the challenges you face. You can talk to them. They understand what you’re going through and can offer reassurance and guidance. Knowing that you have a professional on your side looking out for your best interests can comfort you.

Finally, your attorney keeps you informed about the progress of your claim. They let you know about updates and explain what they mean. This constant communication helps you remain informed about your case.

Contact a Workers’ Compensation Attorney Today

Randal Klezmer, Attorney for Workers’ Comp
Randal Klezmer, Workers’ Compensation Lawyer

After a work-related injury, a workers’ compensation attorney can explain the relevant laws and your rights to benefits covering medical care and lost income. All this can make a big difference in your workers’ compensation claim.

Remember, if you suffered an injury on the job, you have rights, and a workers’ compensation attorney can protect those rights and get the benefits you deserve.

Schedule a Free Initial Consultation Today!