Most people understand that if they get hurt on the job, they likely have the option to file a workers’ comp claim. However, before you accept a settlement, it might be a good idea to hire a workers’ comp attorney, who can help you analyze your situation and decide on next steps.
When is it worth hiring this type of attorney and what can they do for you?
What Is a Workers’ Comp Attorney?
A workers’ comp attorney is an attorney who specializes in helping clients navigate the sometimes confusing and stressful terrain of workers’ comp claims. Workers’ comp is short for “workers’ compensation,” and it’s a type of insurance held by most employers. In most states, workers’ comp insurance is mandatory, and even when it’s not mandatory, it’s commonly held.
Through workers’ comp insurance, employees are covered for any injuries they receive in the workplace, regardless of how those injuries occurred. Regardless of whether you sustained these injuries because of someone else’s negligence, because of poor conditions, or because of something totally unrelated to your job responsibilities, you’ll likely qualify for workers’ comp coverage. It’s a baseline cost of doing business for most organizations, and it’s designed to protect employees while incentivizing businesses to reduce the prevalence of injuries.
Filing a workers’ comp claim isn’t always straightforward, and accepting a workers’ comp settlement isn’t always the right move. But because this topic is so complex and opaque, a legal expert is a practical requirement for most people.
How Can a Workers’ Comp Attorney Help?
How exactly can a workers’ comp attorney help you after you sustain an injury in the workplace?
- Understanding your situation. Most workers’ comp attorneys offer free or inexpensive initial consultations, where you’ll get a chance to talk about the details of your case and determine whether it makes sense to move forward with specific legal action. Your attorney can help you understand the basics of workers’ comp insurance, claims, settlements, and potential legal strategies you can use to increase your payout. In some cases, it doesn’t make sense to accept the initial settlement offer.
- Negotiating a higher settlement. After an accident, you’ll probably receive a workers’ comp settlement offer. This is designed to cover all your medical expenses, lost wages, and other damages, but it’s sometimes insufficient to cover all your costs adequately. With the help of a good lawyer, you may be able to negotiate directly with insurance companies to get a higher settlement. Even accounting for legal fees, this can put you in a much better financial position.
- Gathering evidence and information. In some cases, you may need help gathering evidence and information. Lawyers can help you gather physical evidence, conduct interviews, collect statements, and take other actions helpful in building your case.
- Preparing a case. In rare circumstances, you’ll need to move forward with more advanced legal action, potentially even going to trial. Your lawyer is going to represent you at every step of the process, guiding you to results that are most favorable to you.
When to Hire a Workers’ Comp Attorney
So when exactly should you consider hiring a workers’ comp attorney?
- You were seriously hurt. It’s technically possible to file a workers’ comp claim for something as minor as a paper cut, but in this type of situation, the damages are so minimal that it’s probably not worth it. On the other hand, if you were seriously hurt, you should have a legal professional review your case and your options.
- The circumstances of your injury were egregious. In some cases, workplace injuries arise because of hazardous conditions or unsafe environments. In these circumstances, your employer may be guilty of negligence. If that’s the case, it might be a good strategic move to avoid taking the workers’ comp settlement offer and instead pursue legal action against your employer. This can be especially satisfying if your employer is putting employees in unsafe conditions routinely.
- You want a higher settlement. You may not be satisfied with your initial settlement offer. It may not cover all your expenses, or may not seem fair considering the nature of the accident. A lawyer cannot guarantee a higher settlement, but they can work on your behalf to fight for one.
- You want more information. Remember, most lawyers in this space offer initial consultations for free or for a very low rate. Accordingly, you have nothing to lose by reaching out. Even if all you want is more information, it’s probably worth contacting an attorney.
Workers’ comp insurance is very complicated and hard for laypeople to understand. But with the help of a competent workers’ comp attorney, you’ll be in a much better position to understand the details of your case so you can make better legal decisions for your future.