When To Hire A Workers' Compensation Lawyer

21 January 2020
 Categories: , Blog

Workers compensation is something employers must pay for in most states. The only exception to this rule is for employers that only have a couple of employees. If you are working for a large company, then you can be sure workers' compensation insurance must be provided. If you've been injured at work, it's important to know what your rights are as an employee and how to file a claim against the workers' compensation insurance plan of your employer. In some cases, hiring a workers' compensation attorney.

A Lawyer Can Help if Your Employer Has Not Provided Insurance

It's possible to get hired on somewhere and be told there is workers' compensation, but then to find out that your employer has not paid for the coverage. This can leave an injured employee in a vulnerable place. The good news is, some states have a fund that can be tapped into for the uninsured. Applying for money from a fund for the uninsured is more complicated, and it may require a lawyer to make the case that you had no knowledge that your employer wasn't properly insured. If you are unable to get approved for money to cover your injuries through a fund for the uninsured, your lawyer may need to send your employer a demand letter for your damages or file a lawsuit.

A Lawyer Can Help You Mediate a Disputed Claim

If your employer is properly insured, it is usually easy to file a claim and get approved for a settlement amount from workers' compensation. However, if your employer disputes your injury claim, or if your claim is denied based on the extent of your damages claimed, you will need a lawyer to help you mediate your case. If basic facts are in dispute, a lawyer can help you gather needed evidence and help you negotiate what your damages are, whether that's with your employer or with lawyers or the insurance provider. Some disputed claims can lead to a court battle, but you won't have to pay your attorney before the case is settled. Most workers' compensation case fees cost less than traditional injury cases, but you will be required to pay a contingency fee to your lawyer if you win your claim. 

A Lawyer Can Help You Against an Injury Accusation

Employers or employees who are being accused of being responsible for a colleagues injuries will want to consult a workers' compensation attorney. If someone you work with has accused you of being negligent or simply outright causing an injury intentionally at work, you could be both civilly and criminally liable. Workers' compensation attorneys will be able to defend you against a false allegation by formally disputing any claim that makes you responsible. You may have to pay for your fees upfront, unless you are suing your accuser, in which case you may be able to get a contingency retainer if you have a good chance of winning your case and collecting damages.

It doesn't matter if you have been injured as an employee or if you are a coworker or employer of an injured accused of causing an injury. Working with experienced legal experts will keep your interests protected. It doesn't hurt to at least get a legal opinion regarding your case in order to make sure you are able to win the case you have before you.