Free Consultation

If you’ve been hurt at work, you may wonder if you should hire a workers’ comp lawyer. Here are the Top reasons you absolutely should for a successful claim (2023)

workers' comp lawyer

Table of Contents

What does a workers’ compensation attorney do? The intention behind workers’ compensation is to ensure that individuals who suffer from work-related injuries receive medical coverage, treatment, and a portion of their income. Ideally, this should be a straightforward and efficient system that automatically awards benefits to those who qualify. Regrettably, due to reluctance from insurance companies and employers to disburse workers’ compensation benefits, the system may not function as smoothly as intended unless absolutely necessary.

Engaging the services of an experienced attorney or a workers’ comp lawyer in California might be necessary to secure the benefits you’re rightfully entitled to as an injured worker in the state. So, how can one discern if they’re receiving all the entitled benefits or if additional assistance is required?

Should I Hire a Workers’ Comp Attorney After a Work Injury?

In the aftermath of a workplace accident, injured employees often wonder, “Should I hire a workers’ compensation attorney?”. It’s important to understand the roles of workers’ compensation attorneys. A workers comp attorney aids in navigating the complex workers’ compensation system and workers’ compensation laws. They represent injured workers, ensuring that their rights are protected and that they receive the maximum benefits that they are entitled to under the law. This might include wage loss benefits, future medical expenses, medical treatment, and social security disability benefits.

In many workers comp cases, an experienced workers comp lawyer can ensure that you receive fair compensation that fully covers your medical expenses, lost wages, and any future medical costs that may arise from your injury.

How to Determine When and Why You Need to Hire a Workers’ Comp Attorney

There are several scenarios where hiring a workers’ comp lawyer could prove beneficial. Below are some examples:

You Were Denied Benefits

Insurance companies may sometimes deny workers comp claims, even valid ones. If your workers’ compensation claim is denied, it can be incredibly beneficial to have an experienced workers comp attorney to guide you through the appeals process. They can help you gather medical evidence, understand the insurance company’s decision, and present a compelling case for why you deserve benefits.

Your Employer Denies an Injury Occurred in the Workplace

Some employers might deny that an injury occurred in the workplace to evade the responsibility of paying for medical bills and other associated costs. A workers’ compensation lawyer can help prove that your workplace injury did indeed happen at work using evidence, medical records, and testimonials.

Your Benefits Do Not Cover All of Your Medical Bills and Lost Wages

Workers’ compensation benefits are intended to cover all necessary medical treatment and a portion of your lost wages due to a work-related injury. If your benefits do not cover these costs, an experienced workers’ compensation attorney can help you seek additional compensation.

You Have a Pre-Existing Condition

If you have a pre-existing condition, your employer’s insurance company may try to blame your injuries on that condition instead of the workplace accident. A worker’s compensation lawyer can help you differentiate the effects of your work-related injury from your pre-existing condition.

You Do Not Understand the Workers’ Compensation Process

The workers’ compensation process can be complex and confusing. An experienced workers comp lawyer can explain the process, help you understand your rights and responsibilities, and guide you through the process of seeking compensation.

You and Your Employer Disagree About Your Ability to Work

If your employer believes you can return to work before medical experts say you’re ready, it can result in lost wages and additional hardship. A workers’ compensation attorney can advocate for your rights and ensure you aren’t rushed back to work before you’re medically ready.

Your Employer Disagrees With or Disputes a Decision Made by the State Workers’ Compensation Division

Your employer may disagree with a decision made by the state workers’ compensation division, for instance, regarding your wage loss benefits or medical treatment. In such situations, a workers’ comp attorney can help you fight for your rights and protect your benefits.

You Are Having Trouble Communicating with the Employer’s Doctor

In many workers’ compensation cases, the employer’s insurance company will send you to their chosen medical provider for an independent medical examination. If you’re having trouble communicating with this doctor, or if you feel your concerns aren’t being taken seriously, a workers’ compensation lawyer can help. They can ensure your rights are protected and advocate for your access to appropriate medical care.

Mental Stress Injuries

The Types of Injuries and Illnesses Covered by Workers’ Comp

The workers’ compensation system covers various injuries and illnesses that occur in the workplace, from minor injuries to serious, life-altering conditions. These can include physical injuries, occupational diseases, workplace accidents, repetitive stress injuries, mental and emotional stress, and more. The specific benefits you may be entitled to depend on the nature and severity of your injury or illness. An experienced workers’ compensation lawyer can help you understand what benefits you may be entitled to based on your specific situation.

Which On-the-Job Injuries Can Our Workers’ Compensation Law Firm Handle?

A reputable workers’ compensation law firm, such as the Oracle Law Firm | Accident & Injury Attorneys, can handle various on-the-job and workplace injuries too. These include, but are not limited to:

  • Physical injuries such as broken bones, back injuries, and burns.
  • Occupational diseases such as lung disease from exposure to harmful substances.
  • Repetitive stress injuries such as carpal tunnel syndrome.
  • Psychological conditions related to work stress or trauma.

In these cases, the firm can assist with gathering medical evidence, dealing with the employer’s insurance company, seeking compensation, and much more.

Gathering Medical Evidence to Prove the Claim

One of the key aspects of a successful workers’ compensation claim is gathering adequate medical evidence. This may include medical records, reports from your treating physician, results of medical tests, and more. An experienced workers’ compensation attorney can help with this process, ensuring that all relevant medical evidence is gathered and presented in a way that supports your claim.

The Insurance Company Claims You Lack the Necessary Supporting Medical Documentation

In some cases, the insurance company may claim that you lack the necessary supporting medical documentation for your claim. This could be a tactic to deny or reduce your benefits. A workers’ compensation attorney can help counter these claims by obtaining further medical evidence, arranging for independent medical examinations, and ensuring that all relevant documentation is properly presented.

How to Prove Your Right to Disability and Partial Disability Benefits

If your workplace injury has resulted in a disability, you may be entitled to disability benefits. These benefits are intended to compensate for your reduced ability to work and earn income. Proving your right to these benefits can be complex, requiring comprehensive medical evidence and a deep understanding of the workers’ compensation laws and processes. A workers’ compensation attorney can help you navigate this process, proving your disability and fighting for the benefits you’re entitled to.

Determining if You Have a Valid Third Party Personal Injury Claim

In some situations, a workplace accident may have been caused by a third party (someone other than your employer or a co-worker). In these cases, you may have the right to file a personal injury claim against the third party in addition to your workers’ compensation claim. A workers’ compensation attorney can help determine if you have a valid third-party claim and guide you through the process of seeking compensation from the responsible party.

You Have Been Seriously Injured and Cannot Work for an Extended Period of Time

If your workplace injury has resulted in serious injuries that prevent you from working for an extended period, a workers’ compensation lawyer can be instrumental. They can help you secure temporary or permanent disability payments, ensuring you have the financial support you need while you cannot work.

You Need Lost Wages

Lost wages are a major part of many workers’ compensation claims. If you cannot work due to your injury, you may be entitled to wage loss benefits. These benefits are designed to replace a portion of your lost income, helping you maintain financial stability during your recovery period. A workers’ compensation attorney can help ensure you receive the full lost wages you’re entitled to.

You Have Been Offered a Lump Sum Settlement for Your Workers’ Comp Claim

In some cases, the insurance company may offer a lump sum settlement for your workers’ compensation claim. While this may seem appealing, it’s crucial to consult with an experienced workers’ compensation lawyer before accepting. They can help you evaluate the offer and determine if it fully compensates for your medical costs, future medical expenses, lost wages, and other damages.

Appealing the Insurer’s Denial of the Claim

If the insurance company denies your workers’ compensation claim, it’s not the end of the road. You have the right to appeal the decision, a process in which a workers’ compensation lawyer can be invaluable. They can guide you through the appeals process, helping you gather the necessary evidence, prepare your appeal, and represent your interests at any hearings.

Fighting for Your Right to Continue Receiving the Treatment You Need

Insurance companies sometimes try to cut costs by denying necessary treatment or prematurely ending your benefits. A workers’ compensation lawyer can fight for your right to continue receiving the medical treatment you need, using medical evidence and expert testimony to argue your case.

You Don’t Understand What Could Hurt Your Claims Process

The workers’ compensation process can be complex and confusing, with many potential pitfalls. A misstep, such as missing a deadline or providing incorrect information, can jeopardize your claim. A workers’ compensation attorney can guide you through the process, helping you avoid common mistakes and ensure your claim is handled correctly.

Employer Retaliation

Unfortunately, some employers may retaliate against workers who file workers’ compensation claims, perhaps by firing them, demoting them, reducing their hours, or taking other negative actions. Retaliation is illegal, and a workers’ compensation attorney can help protect your rights and take action against any retaliatory conduct.

A Workers’ Compensation Attorney Can Offer Assistance in Retaliation Situations

Retaliation situations can be complex and stressful, but a workers’ compensation attorney can offer crucial assistance. They can advise you on your rights, gather evidence of retaliation, and help you file a complaint or lawsuit against your employer if necessary. They can also represent you in any legal proceedings, advocating for your rights and seeking compensation for any damages you’ve suffered due to the retaliation.

How an Experienced Workers’ Compensation Attorney Can Help Resolve Your Claim

An experienced workers’ compensation attorney can offer invaluable assistance in resolving your claim. They can guide you through the complex workers’ compensation process, protect your rights in civil claims, gather and present medical evidence, negotiate with the insurance company, represent you in any hearings or appeals, and much more. With their expertise and guidance, you can be confident that your claim is being handled correctly and that you’re receiving the full benefits you’re entitled to.

To Protect Your Rights, Talk to a Workers’ Compensation Attorney as Soon as Possible Following a Workplace Injury

If you’ve been injured at work, it’s crucial to consult with a workers’ compensation attorney as soon as possible. They can help you understand your rights, guide you through the initial claims process, and gather the necessary evidence for your claim. By getting a top work injury lawyer get involved early, you can ensure that your rights are protected from the start and avoid any costly mistakes in your claim.

Workers’ Comp Benefits Are Too Important to Pursue Alone

Workers’ comp benefits can be a crucial lifeline for injured workers, helping them cover their medical bills, replace lost income, and cope with the effects of a workplace injury. Given the importance of these benefits, it’s not advisable to pursue a workers’ compensation claim alone. An experienced workers’ compensation attorney can offer invaluable assistance from a free consultation to help you navigate the complex process and fight for the full benefits you’re entitled to.

How Much Does a Workers’ Comp Lawyer Cost?

The cost of a workers’ comp lawyer can vary depending on the complexity of your case, the attorney’s experience level, and other factors. Many workers’ compensation attorneys work on a contingency fee basis, meaning they only charge a fee if they successfully recover your benefits. This means you don’t have to worry about upfront costs or hourly fees. The exact fee will depend on the attorney and the specifics of your case.

How Much Will I Have to Pay My Workers’ Compensation Lawyer, and When Will I Pay?

If your lawyer works on a contingency fee basis, you will typically only have to pay if your claim is successful. The fee is usually a percentage of the benefits or settlement you receive. This fee, and when it is due, will be outlined in your attorney-client agreement. It’s important to discuss these details with your attorney before hiring them to understand what to expect.

Hiring a workers’ compensation attorney can provide numerous benefits and enhance your chances of getting fair compensation. An experienced workers comp lawyer will ensure that your rights are protected, and your work comp claim is handled correctly, helping you navigate the complex workers’ compensation system and secure the benefits you’re rightfully entitled to as an injured worker. If you’re dealing with a work-related injury, don’t hesitate to seek legal help – your future well-being may depend on it.

AUTHOR

Fred Ghamari

Workers's Compensation Attorney

Fred Ghamari is a Founding Partner of Oracle Law Firm | Accident & Injury Attorneys. As a recognized expert in workers’ compensation law, Mr. Ghamari has been recognized by Super Lawyers as a Rising Star. He has successfully represented clients in a wide range of cases, including those involving construction accidents, repetitive stress injuries, and occupational illnesses.
click to follow us on linkedin click to check us out on avvo click to follow us on instagram like us on facebook subscibe to our Youtube Channel

Free Consultation

To schedule your free and confidential case review call us at 888-597-4099 or fill out the form below.



AUTHOR

Fred Ghamari

Workers's Compensation Attorney

Fred Ghamari is a Founding Partner of Oracle Law Firm | Accident & Injury Attorneys. As a recognized expert in workers’ compensation law, Mr. Ghamari has been recognized by Super Lawyers as a Rising Star. He has successfully represented clients in a wide range of cases, including those involving construction accidents, repetitive stress injuries, and occupational illnesses.
click to follow us on linkedin click to check us out on avvo click to follow us on instagram like us on facebook subscibe to our Youtube Channel