Filing a Workers’ Compensation Claim and Why You Need a Lawyer
No matter how convenient handling your own work injury claim may seem, your employer and their insurer will move hell and high water to make sure you get the least benefits possible. This is where having your own lawyer working for your own interests will make a difference.
There are plenty of reasons you’ll want to have your own attorney when filing a workers’ compensation claim:
To Protect Your Rights
If you handle your work injury claim alone, you will have to deal with the insurance adjuster directly, and you may not have enough knowledge to protect yourself legally. They may even tell you that your claim is not legit. With a lawyer, these people will be forced to treat you fairly.
To Evaluate Your Case
Unless you’re a pro, it can be so hard to determine the worth of your workers’ comp case. All claims are unique, and you can’t just go around comparing your case to others’. In contrast, a lawyer, with all their legal know-how and experience, will be able to give a proper and accurate assessment.
To Ensure You Receive All Benefits Owed
Your average weekly wage is one of the most crucial variables involved in your workers’ compensation case. Such average will dictate how much compensation you should get while you’re not working. If your employer’s insurer under-assesses your average weekly income, you could end up losing a large amount of money. Having a lawyer ensures this will be avoided.
To Look for Third Party Liability
If another person’s negligence was the main cause of your injury (for instance, a coworker or your boss), you can look into filing a civil lawsuit besides the workers’ comp case. It doesn’t have to be one or the other. But a lawyer’s help will be useful in terms of determining whether or not a third party liability lawsuit should be filed.
Many people forgo hiring a workers’ compensation lawyer, thinking they could not afford one. Truth is, most of these attorneys work on a contingency basis, which means you don’t pay them any upfront costs. You only need to agree that you will give them a specific percentage of the compensation you get if indeed you win your case. Still, you have to clear this up with your potential lawyer before moving forward. With some, you may have to pay for miscellaneous costs upfront, such as doc stamps, photocopying and the like. After all, you can only hire someone whose expectations you can surely meet.