Do I need a lawyer for my workers' comp claim?

April 05, 2013 (Press-News.org) Workers' compensation is meant to be a no-fault system; if you are injured at work, or if you succumb to an occupational illness, workers' compensation should cover your medical expenses and provide partial wage replacement whether your employer was negligent or not. Yet, the reality is that providing workers' comp benefits is expensive for an employer and their workers' compensation insurer. Your employer and their insurer have financial incentives to deny and undervalue workers' comp claims.

So when do you need help with your workers' compensation claim? Every workplace injury or illness is unique, but there are a few indicators that almost always mean you should get in touch with a workers' compensation attorney.

Denied claims, serious injuries, preexisting conditions all signify you should get a lawyer

Perhaps most obviously, you should get an attorney if you already made a workers' comp claim and it was denied. As a general rule, the earlier in the process you get an attorney, the better, because it is easier for your attorney to gather evidence and guide your claim in the right direction from the start. But, if you're already facing a denied claim, your odds of getting back on track are slim without legal help.

Even when you are not facing a denial, it is wise to retain an attorney when your injury or illness is serious in nature. A claim involving any condition that requires surgery, may prevent you from working completely in the future or from working in the same capacity you did before the injury, or that is likely to have a permanent impact on your health should be handled by an attorney. In these cases, the facts are usually complicated, and the long-term nature of your incapacity makes getting full compensation especially important. Your attorney may also be able to secure you a permanent partial disability award.

You should also retain an attorney if you have significant preexisting conditions. Employers must take workers "as they are," paying claims for workplace injuries that worsen or exacerbate a preexisting condition, even if a perfectly healthy worker would not have been harmed. But, untangling the facts in these cases can be very difficult, and denials are common; workers' comp insurers may blame the entire injury on the preexisting condition. It is best to retain an attorney from the start in any claim involving a preexisting condition.

Finally, if you do not have a good understanding of the workers' comp process and would feel more comfortable with legal help, you should always contact an attorney. Many workers' compensation attorneys offer a free initial consultation, and will only collect a fee if they win workers' comp benefits for you.

Schedule a free initial consultation today

If you are in doubt about whether you should get an attorney, schedule a free initial consultation. An experienced workers' comp attorney can review the facts of your case and give you an honest opinion as to whether legal help would bolster your claim for benefits.

Article provided by The Barnett Law Firm
Visit us at www.barnett-complaw.com