Filing a Workers’ Compensation Claim and Why You Need a Lawyer
No matter how much you want to handle your own work injury claim, your employer and their insurance company will stop at nothing to give you the least benefits possible. This is where having your own attorney on your side will make a tremendous 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 make you believe that your claim is not legitimate . Having an attorney will prevent these people from pushing you around.
To Assess Your Case
If you’re not a professional, knowing how much your workers’ comp case is worth can be a feat. All claims are unique, and you can’t just go around comparing your case to others’. In contrast, an attorney, with their legal prowess and all, will be able to give an accurate and solid 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. This average will determine how much compensation you are to receive while you’re away from work. If your employer’s insurance company under-evaluates your average weekly income, you could end up receiving so much less than you should. Your lawyer will make sure this doesn’t happen.
To Look for Third Party Liability
If another person’s negligence – for instance, a coworker’s or your employer’s – is behind your injury, you may be entitled to file a civil lawsuit on top of your workers’ comp case. There’s no need to pick between the two. 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. Fact is, most of these lawyers are hired on a contingency arrangement, which means you don’t have to pay any up front costs. You just have to agree to give them a certain percentage of the compensation you expect to receive if indeed your case turns out successful. 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 them if you can meet each other’s expectations.