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Do I Need a Lawyer to File a Workers’ Compensation Claim?

Do I Need a Lawyer to File a Workers Compensation Claim
Do I Need a Lawyer to File a Workers Compensation Claim

You might be considering hiring a workers’ compensation attorney if you’ve experienced a work-related accident or sickness. The answer is contingent upon your injury’s seriousness, the complexity of your case as a whole, and the conduct of your employer or its insurance provider.

In this guide, we’ll explore when a workers’ compensation accident attorney is necessary and when you can likely represent yourself for a work accident compensation claim.

Do I Need a Lawyer for a Workers Compensation Accident in Orlando, FL?

In general– yes. We would always recommend seeking out professional counsel in the event of work injury damages cases. However, there are a few scenarios in which you may not necessarily need a lawyer to seek work injuries compensation:

  • You received a small occupational injury, such as a cut that needed a few stitches or a twisted ankle.
  • Your employer acknowledges that the accident occurred on the job.
  • Your injury caused you to miss little to no work.

There is no pre-existing ailment, such as an old spinal injury from an accident that existed before you slid and damaged your back at work, that affects the same portion of your body as the current employment injury.

It’s frequently a good idea to speak with a workers’ compensation attorney for a free consultation about your case, even in these seemingly straightforward circumstances. The attorney can help you every step of the way, warn you of potential traps, and offer you an honest assessment of your ability to manage the matter on your own.

When to Hire a Workers’ Compensation Attorney

You should retain legal counsel as soon as your case becomes complicated in any way. There are several scenarios in which you should ask for the assistance of a workers’ compensation lawyer:

Your Work Injury Claim Declined

Your work injury claim is denied by your employer, or your work accident compensation payouts are not paid on time. In the knowledge that many employees won’t file an appeal, employers and workers’ compensation insurers often will deny honest and fair workers’ compensation claims for an injury. The greatest opportunity to get a just settlement or award for your injuries is to hire a workers’ compensation attorney.

You Lost Money

Your lost salary or medical expenses are not entirely covered by your employer’s settlement offer. Do not rely on the workers’ compensation judge to determine if a final settlement compensation offer is reasonable if you are unsure. Although judges are there to approve workers’ compensation agreements, they often do so as long as the terms are not egregiously unjust or particularly burdensome– even if the result of compensation is fair for the injury incurred. Call an attorney if you genuinely want someone to negotiate the best deal for you.

You Are Temporarily or Permanently Unable to Work

Your medical conditions prevent you from working again, place restrictions on your job duties, or prevent you from doing any work at all. You may be eligible for weekly payments (or a single lump amount) to make up for your lost income if you have sustained a lifelong impairment, whether partial or whole. Workers’ comp insurance companies may take on significant monetary blows as a result of these instances, and they will do whatever they must to avoid paying you what you are due. In scenarios when there are serious injuries or chronic disabilities, a skilled workers’ compensation attorney is absolutely necessary.

You Receive Social Security Benefits

You either now receive Social Security disability payments or intend to do so. Your workers’ compensation benefits might drastically reduce your Social Security disability payouts if your settlement isn’t properly structured. A skilled lawyer will know how to construct your settlement agreement to reduce or completely remove this offset.

Your Employer Tried to Fight Back Against the Claim

Your employer takes offense after you make a workers’ compensation claim. To protect your legal rights as an American worker, speak with a workers’ compensation lawyer as soon as possible if your employer has fired you, demoted you, cut your salaried hours, decreased your overall compensation, or practiced any other type of gross discrimination as a result of your workers’ compensation claim. Your attorney can also provide work injury advice to help you fight back in your case.

Your Employer or Another Party is at Fault

Your employer’s substantial misbehavior or the activities of a third party caused your injury. The purpose of the workers’ compensation system is to stop injury-related legal litigation. You may, however, bring a lawsuit outside of workers’ compensation in some circumstances, such as when your employer intentionally caused your injury, your employer didn’t have workers’ compensation insurance, or someone other than your employer contributed to your injury (like a careless driver who struck you while you were driving to work). An accomplished attorney will be able to clarify how the law applies to your circumstance.

What Will a Workers Compensation Injuries Lawyer Do?

It really is up to you if you require legal representation. If your employer is a business, it will have legal counsel on its side. Each case is unique and has particular information. Legal counsel may only be given by an attorney. An attorney acts as your representative and a go-between for you and the insurance provider. Therefore, you might wish to hire a lawyer if you have legal concerns, must attend a hearing, or are simply fed up with dealing with the insurance company. We provide free consultations at Sternberg | Forsythe, P.A. to see whether we might be of assistance to you.

Despite the fact that there are clear rules and regulations governing the provision of workers’ compensation payments, problems frequently emerge throughout the claims procedure that an adept workers’ compensation lawyer may assist with. Workers’ compensation attorneys offer a wide range of services to their clients.

They begin by gathering medical evidence. Like with most insurance claims, the employer and the insurer look to minimize payouts by looking into claims and figuring out whether the injury happened at work, whether it was brought on by intoxication, horseplay, or intentional harm, as well as the extent and type of medical care given to treat the injury. The workers’ capacity to recuperate from the harm and resume carrying out the duties associated with their employment will also be assessed. A workers’ compensation attorney aids their client in assembling strong evidence so that the insurer can correctly determine the severity of the injury and the associated medical expenses.

The insurer’s denial of the work injury compensation claim will also be appealed by a workers’ compensation lawyer. A procedure for appealing the insurance company’s judgment regarding a claim is offered by all state workers’ compensation programs. For instance, Florida allows injured workers who have never received work injury damages but had their claims refused to file an employee claim petition form. The employee should have their attorney call the insurance to discuss the grounds for the denial in order to fight the loss of benefits. The state also offers mediation services to settle disputes between injured employees, employers, and workers’ compensation insurers.

Additionally, a workers’ compensation lawyer will bargain on your behalf for the greatest payout available. After an injury, a lot of people have trouble getting compensation from their employer’s insurance company. Others have their claim first approved and start receiving compensation, only for those payments to abruptly halt. A skilled workers’ compensation attorney is educated in assessing claims disputes and is knowledgeable of the workers’ compensation legislation, enabling them to effectively represent their clients. In many cases, disagreements over the provision of workers’ compensation benefits can be settled through a negotiated settlement, in which the claimant’s attorney collaborates with the employer’s insurance company to develop a plan that all parties can accept.

Read More: How To File A Workers Comp Claim In Florida?

Other FAQs About Workers Compensation Injury Settlements and Lawyers

How should I respond if I am hurt at work?

It is crucial to notify your employer as soon as possible if an accident occurs at work. State-by-state time restrictions apply, but if you fail to notify your employer of the accident within the necessary window of time, your work injury damages claim will be rejected. You should notify your employer of any workplace incidents even if you don’t believe you were hurt. In other cases, injuries are not seen until after the event. Report an accident as soon as you can, and report injuries as soon as you learn about them—whether that’s right away or right after the event.

When calculating whether an employee has missed more than one day of work owing to a job-related injury, does the date of the injury count?

Yes. When evaluating whether or not an employee has missed more than one day of work, whatever time the employee actually misses from work on the day of the injury should be taken into account. For instance, if a worker skips a whole day the next day after an injury, they have missed more than one day of work.

Even if I was at fault for the accident, am I still entitled to workers’ compensation benefits?

The workers’ compensation system is designed in part to compensate injured employees without requiring them to establish liability for the event. There are, however, some circumstances in which a worker won’t get benefits. For instance, a worker won’t be compensated for injuries they caused themselves, those brought on by fighting or roughhousing, or those sustained while under the influence of alcohol or illicit narcotics.

What kind of benefits are available to me through workers’ compensation?

The nature and severity of your injuries, as well as the regulations in your state, will determine the benefits to which you are entitled. You will be compensated with temporary disability payments, which are normally two-thirds of your regular salary if your accident keeps you from working for more than a few days. You may be eligible for payments for permanent complete or (in certain jurisdictions) permanent partial disability if a working accident leaves you with a lasting injury.

Your medical care will be paid for by workers’ compensation for as long as is required. If necessary, you may also get vocational rehabilitation to aid in your return to work or in preparing you for a new career. The amount you’ll get depends on how bad the damage was.

Do I require legal assistance for my workers’ compensation claim?

You could decide, based on the seriousness of your illness or damage, that you need legal assistance with your workers’ compensation claim. Your interest in the workers’ compensation procedure increases with the severity of your injury. A lawyer with expertise with workers’ compensation claims should be retained if you have sustained a serious injury or believe you may be permanently incapacitated in order to ensure that you receive all of the benefits to which you are entitled.

Read More: Frequently Asked Questions on Workers Compensation in Florida

The Lawyers at Sternberg | Forsythe, P.A. Can Determine if You Are Eligible for Workers’ Compensation Injury Payouts

If your employer or their insurance provider did not treat your work-related injuries seriously or if your initial claim for Social Security Disability benefits was turned down, you need knowledgeable legal representation. For the sake of your family, wealth, health, and future, you must act right away. You could also be unsure about your eligibility for workers’ compensation. A workers’ compensation lawyer might be quite beneficial in this situation. The experienced lawyers of Sternberg | Forsythe, P.A. have dedicated their entire legal careers to protecting the rights of injured employees. You can benefit from our decades of combined expertise with workers’ compensation difficulties.

Workers and individuals in Orlando, Florida are served by Sternberg | Forsythe, P.A. Our full-service work injury law firm only deals with workers’ compensation cases, and our knowledge of this area enables us to comprehend the different injury types, the freedom to select your doctor, when to report an injury, the importance of hiring a knowledgeable work injury lawyer, the potential compensation you might be entitled to, and the reasons for reopening a case that has already been dismissed. Call our experts at 561-513-4376 right away to find out more about how we can assist you with your workers’ compensation case. To schedule a free first consultation, get in touch with Sternberg | Forsythe, P.A. as soon as possible.

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