Speak to a Workers Comp Lawyer

When you get injured on the job, it’s easy to assume workers compensation insurance will take care of it. While you may be right, the road to receiving benefits is often not easy. Many insurance companies will try to minimize payouts and some will deny a claim altogether. If you feel that you’re not being treated fairly or you’ve been turned down for workers compensation, an experienced lawyer can help.

What Does Workers Compensation Insurance Cover?

Workers compensation is a form of liability insurance that most businesses are required to carry in the U.S. While there are federal laws regarding workers comp, the majority of policy is handled by individual states. As a result, policies can be quite varied for the same types of injuries, depending on where you live.

Although coverage is regulated differently in each state, nearly all successful claims provide reimbursement for the following:

• Medical treatment related to the injury
• Payment for lost wages
• Vocational rehabilitation

Am I Eligible for Workers Compensation?

In the United States, most employees are covered by workers compensation insurance. However, there are some limits on who is eligible to receive compensation. Some states may require the injured employee to undergo a drug and alcohol screening, and can deny benefits if the test results prove the worker was intoxicated at the time of the accident. Compensation can also be denied if the employee was violating company policy or was not on the job when they got hurt. There are also limits to what type of employment is covered. Independent contractors, consultants, volunteers and third-party vendors are generally excluded from this type of coverage.

Government employees are sometimes protected under different sets of standards and regulations. For example, the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Merchant Marine Act (the Jones Act) protect two distinct classes of non-military watermen, and the Federal Employees’ Compensation Act (FECA) protects federal employees.

Not only do policies vary by state, but they also vary by industry. For example, the construction industry has different premiums and guidelines than the retail industry, as the risk for getting hurt is much higher. Legal spouses and dependent children of workers who are permanently disabled due to a qualifying workplace incident may also be eligible for compensation.

When Do I Need to Contact an Attorney?

Accidents like a minor burn or a strained back may only need basic care and a few days of recovery. These situations can usually be settled between you and your employer without much of a dispute. However, if your injury is more serious and your employer’s insurance company is putting up a fight, it may be time to seek professional legal advice. Many workers who are eligible for coverage are wrongly denied payment, so it’s important to know your rights.

You should also be aware that accepting a payout from the insurance company means you’re forfeiting your right to sue your employer for further damages. If you’ve been severely hurt, the extent of your injuries can’t immediately be determined or you become disabled, accepting the first settlement offer may be a big mistake.

You should consult an attorney about your case if:

• Your claim is denied
• There’s a disagreement about your employment status, such as independent contractor versus employee
• Your injury requires surgery, extensive rehabilitation, or an extended absence from work
• You’re hurt at work due to negligence or unsafe working conditions
• The accident results in death, disfigurement, or permanent disability
• There’s a dispute about the extent of your injury or disability
• Your injury affects your ability to perform your job
• You’ve been called to attend a workmans compensation hearing
• You have a preexisting condition
• You’re receiving or qualify for other benefits from the government, such as SSI
• Your employer retaliates against you in some way for filing a claim

It’s important to note that the process of filing for workers comp is not the same as filing for disability or initiating a personal injury lawsuit. These are covered under different tort law, and workers comp payments can’t be taxed.

What Should I Expect During the Legal Process?

Once you find a top law firm to represent you, your lawyer will build your case. Initially, your workers compensation lawyer will ask for details surrounding the matter to determine who’s at fault. They’ll also need copies of incident reports, witness statements, doctors recommendations and medical bills related to the injury. You should ask any questions you have at this time.

From there, it’s best to let your lawyer deal with the legal aspects. They can find experts to dispute charges made by your employer, negotiate with the insurance company to obtain a settlement and prepare you for how to respond in court, if it comes to that.

Litigation is possible if the award offered isn’t adequate or the insurance company rules against you. In this scenario, your lawyer can file an appeal. Then it’s up to the insurer to offer a good defense for denying compensation. During the trial, your attorney will represent you as the plaintiff.

How Much Will a Workers Comp Lawyer Cost?

If you’re concerned about how much it will cost to hire a workers compensation lawyer, you’re not alone. You’ve heard how expensive lawyers can be. However, this area of law is usually more affordable than other types of law, as most states place limits on how much these attorneys can charge. Also, they only get paid when you win, in which case they’ll take a percentage of your settlement. Like personal injury attorneys, the majority of workmans comp attorneys don’t charge hourly rates; they prefer to work on a contingency basis.

The contingency fees can be as low as 10 percent or as high as 33 percent for a top attorney. Many states even place a cap of between 15 and 25 percent on how much a lawyer can charge for their services. If you think the fees are too high, just remember – you’re hiring a specialist who has years of experience practicing this area of law. An expert who specializes can mean the difference between getting fair compensation or getting nothing at all.

How to Find the Best Workers Comp Attorney Near You

When searching for legal representation in your local area, transparency and professionalism should be top priorities. It’s always a good idea to start with recommendations from family, friends and business associates. If you can’t find an attorney through your network of contacts however, online directories can prove to be invaluable tools. These websites allow you to look at ratings and read reviews of top local lawyers. It’s important to know who you’re hiring, and the best way to make that determination is through the eyes of previous clients. When your rights are at stake, you need to find an attorney you can trust.

Legal Jack helps people across the United States find reputable and affordable lawyers quickly, and without hassle. We understand the stress involved with many legal situations, and are motivated by our desire to help people during these difficult times. For a free consultation, give us a call today.

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