Find Workers' Compensation Attorneys in the USA
Workers Compensation Law Attorney FAQs:
1) What is the Workers Compensation Law?
Workers Compensation law allows a worker to be paid if he/she is injured or disabled at the workplace. The payments include medical costs, lost wages, rehabilitation expenses, disability payments. Here the worker or the employee is not blamed for their negligence in work. They are not held accountable for their mistakes. This workers’ compensation is a state-mandated program and this law ensures that workers receive their insurances if they are injured at their workplace. This law also helps the employers from paying large compensation to their workers and also they are protected from any kind of lawsuits. However, this law is only applicable for employees and not for contractors. Also, some types of workers such as domestic workers, seasonal workers, agricultural workers, undocumented workers do not receive the benefits of this law.
2) What does a Workers Compensation Law Attorney do?
A workers’ compensation law attorney can help you in many ways. They gather all your medical records to prove your medical condition so that you receive your compensation as per the law. They also get testimony and statement from your family members, doctors to build a strong point in your case. They will represent you and answer your question if you are asked at the deposition. They negotiate settlements on behalf of you by collecting your medical expenses and estimating your future cost. The attorneys will also check whether you are due any disability wages from your employer. If you need to go for a trial but are unable due to your physical condition, then your attorney will represent you and make the opening and closing statements. They will also raise objections if you are being blamed for anything.
3) When should you hire a Workers Compensation Law Attorney?
There are certain situations where you must consult a workers’ compensation law attorney. When you don’t have enough medical evidence to establish your case, your claim might get rejected. In such a situation, you must hire an attorney. You can also hire an attorney if your employer disagrees with your claim, you are unable to negotiate or decide your settlement, you need to reapply as your claim is denied. Also, if you have been suffering from long-term injuries, you must hire an attorney.
4) What are some of the workplace injuries where a Workers Compensation Law Attorney can help me?
When you are injured in cases such as automobile injuries, equipment malfunctions, repeated strain injuries, lifting injuries, falls from heights, you can talk to an attorney for his guidance and expertise.
5) Do I need a Workers Compensation Law Attorney for Asbestos Mesothelioma?
When an employee is exposed to asbestos for his/her work-related purposes. If you are suffering from this, then you must consult an attorney to help you file for workers’ compensation or to file a lawsuit against your employer. Since both the processes are time-consuming, have many legal complexities an attorney can guide you in the entire process. Also, they help you to navigate your financial outcomes in a serious case like this. An attorney will ensure that your file is claimed at the right time so that you don’t miss out on your compensation opportunities. Filing for compensation does not guarantee a fruitful result always, but an attorney can help you by establishing your case strongly with all the correct evidence. Since the law also protects the employer, you might lose out on your potential claim. Hence, an attorney is very essential.
6) How can a Workers Compensation Law Attorney help me with hearing loss?
Many workers suffer from hearing loss due to noise at their workplace. The law protects the employee by compensation but to gain that one needs to report your employer within 30 days. The law covers your medical expenses and the lost wages. The attorneys will gather all your medical records and prove your injury. Sometimes, your claims can get denied due to a lack of proper documents and evidence. But an attorney will make sure that you receive your due compensation and you don’t have to pay on your own for your medical costs.
7) Can an attorney help me if I am suffering from the toxic mold at my workplace?
Work locations or workplaces can develop toxic mold which can be dangerous for your health. A worker can suffer from irritated eyes, sinus infection, scratchy throat, cough, fever, headache, nasal congestion due to toxic mold at the workplace. Under this condition, you are eligible to receive your workers’ compensation. However, if you don’t have the correct medical proof, your doctor’s statement of your claim can get denied. Hence having an attorney is important as he/she will help you in your case thoroughly. Also, if you fail to notify your employer in time, your case can get delayed. But an attorney will make sure that your process is on time. The attorneys will find out the source of the mold and the necessary clean-up after that and accordingly gather all information. They draft all documents, prepare arguments and ensure that you receive all your benefits.
8) What to ask a Workers Compensation Law Attorney before hiring them?
You must ask certain questions to your attorney before finalizing such as how many work injury cases he has handled before, what has been your past success record, do you take cases for hearing or trial, what are your qualifications for claiming the benefits, can I sue my employer, what is going to be the timeline, etc. Apart from that, you must also know what is their communication method, as some attorneys work with paralegals as well. As most attorneys offer free consultation calls, it’s best to get on a call and discuss your case before you make your final decision. Testimonials from previous clients would also help in your decision.
9) How to find a Workers Compensation Law Attorney?
Getting recommendations from friends and family is always a good option. Apart from that, you can browse the internet. Most top law firms have their website and also have an attorney directory based on your location. You can also check out your local bar association’s attorney referral service to find an attorney.
10) How much does a Workers Compensation Law Attorney cost?
Mostly workers’ compensation law attorneys charge based on your settlement amount and the percentage is between 15% to 25%. Sometimes the percentage can range up to 40% as well depending on your case. This means, you only need to pay them if you win your case.
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Qualified workers’ compensation attorneys will help victims of a workplace injury or illness to obtain competent medical care for those injured on the job. Experienced workers’ compensation lawyers also help injured workers if their cases have been denied.
Workers’ Compensation Attorney
Accidents are a part of human life and can be pretty common at work as well. Such accidents may involve slip and fall, overexertion, entanglement, and many more. Now if you are an employee and you have suffered a work-related injury, you are entitled to workers’ compensation benefits.
The basic goal of a workers’ compensation attorney is to help and represent the claimant- the workers who are injured on the job in obtaining the entitled benefits. While employers actively try to avoid the responsibilities towards such employees, a workers' compensation attorney can help recover compensation and benefits.
A workers’ compensation attorney is like any other personal injury lawyer but focuses only on workplace injuries. Your worker’s compensation lawyer will help you receive compensation for medical bills, financial losses due to missed work, and pain and suffering caused by an injury due to negligence on your employer's part. Every year countless employees file for workers’ compensation claims but not all of them are fortunate enough to receive compensation benefits. An experienced attorney will help you to receive the benefits you deserve.
Now the question arises – Is it worth getting a workers’ compensation attorney?
First of all, one thing to keep in mind is that not every injured worker needs to hire an attorney. As a general rule, you may get by without an attorney in some cases. For example, if you have suffered minor injuries without any complications or your employer admits the fault, or if you have missed little to no work. But even in these uncomplicated situations, getting a second opinion from professionals is advised.
Now the moment complications arise, you should hire an attorney. There can be numerous situations when a lawyer’s intervention is needed.
Moreover, workers’ compensation lawyers don’t charge in the typical hourly fashion. Instead, they charge a contingency fee: a percentage of any workers’ compensation benefits they help you recover. Additionally, many states also place caps on contingency fees in workers’ compensation cases.
What will your attorney do for you?
An attorney's basic goal is to represent the defendant, either the employer or the employee, and mitigate the defendant’s liability. In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence needed to support your case, negotiate effectively with the insurance company, and write a settlement agreement to avoid unanticipated consequences.
The typical functions include–
Does workers’ compensation always offer a settlement?
Like many things in life, it is not as simple as it seems on the surface. Most questions are about compensation settlements. The word “Settlements” is mentioned a lot when it comes to workers’ compensation but the term is a little more complicated. One of the main questions that arise is – “Do you always get a compensation settlement?” The simple answer is “No”.
Your employer or the insurance company will offer you any settlement only if they believe that it will save them money in the long run. Ultimately their goal is to save money while meeting the obligations.
Do you get a lump sum from workers' compensation?
If your injury and compensation claim is small, they may opt to just pay whatever medical bills you’ve incurred and reimburse you for any lost wages. But if you have suffered a serious injury that may require surgeries, therapies, or requires you to lay off work for a longer period, your case is going to cost a lot. In situations like these, they will most certainly offer you some sort of settlement, cut back their losses, and payout as little as they can.
Many factors play into whether settling your claim is a good idea. The factor is whether the insurance carrier is offering a fair amount, and this is where it is essential to speak with an experienced attorney who can explain how claims are valued and review all of your options.
What qualifies as a worker's compensation claim?
To be eligible for workers' compensation benefits, there are two basic requirements:
Along with these, there are certain other conditions as well. You may be able to receive workers’ compensation benefits for a range of work-related medical conditions, such as repetitive strain, problems caused by job stress, and occupational illness—including infectious diseases like the coronavirus (COVID-19).
You might be wondering what makes your case qualified for a claim. Whether you’ve sustained a sudden injury or a cumulative trauma, if you want workers’ compensation benefits, you must prove that the injury or illness was connected to work. Workers’ compensation generally covers illnesses or diseases that employees develop as a result of on-the-job exposure. Such illness may range from black lung disease (from exposure to coal dust) to asbestosis (caused by exposure to asbestos) etc.
What happens when an employee files a worker's compensation claim?
After the injured employee files a claim, the insurance company will contact the employer to review the accident, the employee’s medical records, and anything else relevant to the incident. Depending on the scale of the incident, this can take up a significant amount of time from the HR department, as they may have to hold multiple meetings with the insurance company and lawyers. If the employer is self-insured, they may decide to delegate these tasks to a third-party claims administrator. However, this will involve additional costs, especially if the case drags on for a long period.
The rest of the process is between the employee and their legal representation, doctors, and insurance companies. After taking all facts and records into consideration the insurance company will either accept or deny your claim. In both instances, the insurance provider will notify the workers’ comp board of its decision.
What types of injuries and illnesses may or may not be covered by workers' compensation?
Illnesses and injuries that are covered by workers’ compensation:
Workers’ compensation typically won’t cover:
Can you sue your employer for a workplace injury?
Getting injured in a workplace accident can be life-altering. The whole premise behind workers’ compensation is to avoid litigation. But there are certain extrinsic circumstances where you may sue your employer for negligence.
These are detailed below –
It was not your choice to become injured, and you should not have to deal with the consequences alone. When you an attorney, they will stand by you every step of the way and offer you trustworthy legal guidance, support, and knowledge.
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Hendon is AV rated by Martindale-Hubbell and rated 10.0 by Avvo.com. He was the Pres. of the Cobb Trial Lawyers Assoc. from 2018-20. He is the Pres. of WCCL from 2020-22.
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