Why Do I Need a Worker’s Comp Lawyer?

If I get hurt at work, won't my employer and Worker's Compensation take care of me? Why would I need a Worker's Comp lawyer?
A person filling out work injury claim

Are you filing a Worker’s Comp claim for the first time? You may feel like a deer in headlights and not know what to do.

If this sounds like you, consider a Worker’s Comp lawyer. A work accident attorney can help you gather the necessary evidence for your case.

Winning a worker’s comp case won’t be easy. You must contend with the employer’s insurance company to receive benefits. 

You may also think your case is going smoothly. However, there are red flags that should be on your radar. 

This article will outline various scenarios in which a workplace attorney is vital. Read further to know if any of the following situations apply to you.

Insufficient Compensation

You may be receiving compensation, but it may not be enough. You could be short on funds if the recovery costs are higher than anticipated. You have a right to request more compensation if necessary.

However, your employer’s insurance company may be unwilling to increase the amount. Therefore, contact an attorney to explore your legal options.

An attorney can get you the right amount of compensation owed. They can also convey what type of evidence you’ll need to support your claim.

Holding the Right Parties Accountable

In some cases, you must pursue litigation outside the Worker’s Comp process. For instance, your employer may not carry a worker’s comp plan.

Therefore, you may need to file a lawsuit against your employer. The situation is trickier if other parties may be responsible for the accident. 

  • Example: A contractor not affiliated with the company may have caused the accident.

A lawyer can help you assign blame where necessary and hold the right party accountable.

Long-Term Injuries

If you have serious injuries, you’ll need a large payout to cover your medical bills. Additionally, you’ll need extra money to cover long-term care in the form of physical therapy or mental health counseling.

Further, a large settlement should cover your living expenses, especially if you cannot work until your injuries heal. The problem is that insurance companies don’t maximize payments by default.  

The sole aim of an insurance company is to save money. They reduce settlements, hoping victims will accept the offer.

Most victims don’t know how much money they’ll need to cover their long-term recovery. However, a workplace injury attorney can help you. They can maximize insurance settlements via steadfast negotiations.

If negotiations fail, they can take the matter to court. Regardless, you can get additional compensation for your long-term injuries with legal counsel.

The Negotiation Process

You may know when to reject a settlement offer, but you may not know how to negotiate a higher sum. Work accident lawyers are skilled at insurance negotiations.

With the help of a lawyer, they can double the original offer and possibly get you even more money. A legal professional should handle negotiations because the process can last for weeks or months. Further, insurance reps are more likely to take your case more seriously when talking to an attorney.

Civil Litigation

Your comp case could go to a civil trial, in which case an attorney will be invaluable. At trial, you must present your case to a jury to get the compensation you deserve.

You must create a compelling case and submit the appropriate evidence. An attorney can help in this arena. As your lawyer, their job is to:

  • Conduct research
  • File paperwork on time
  • Start depositions
  • Gather witnesses
  • Obtain medical records
  • Present your case

 

A civil trial can be an arduous process, especially if you’re contending with severe injuries. With an attorney’s help, you can focus on recovery as they handle mundane tasks and procedures.

Insurance Adjusters and Worker's Comp Lawyers

Insurance adjusters aren’t your friend, no matter how much they pretend to be. Lawyers are your only advocate during the claims process. 

Adjusters work on behalf of the insurance companies, and their job is to save money on behalf of their employers. Adjusters will use the following tactics against you:

  • Close the case as soon as possible before you contact an attorney
  • Close the case before you realize the seriousness of your injuries
  • Put on a friendly face to lure you into a false sense of security
  • Lock you into an official statement 
  • Pressure you into accepting the lowest settlement available
     

Overall, you shouldn’t talk to insurance adjusters without a lawyer. If an adjuster tries to contact you, it’s time to seek an attorney.

Without legal counsel, adjusters can trap you into an official story without your knowledge. Attorneys can guide you on the right things to say. 

Uncooperative Employers

If you’re injured on the job, your employer should get you medical attention immediately. Then, they should give you a comp form to complete. Your boss should send a claim to his or her insurance company.

From there, the employer’s insurance company will provide you the necessary compensation. There are cases where employers will try to minimize the gravity of a victim’s injury.

If a difficult employer gives you excuses, they could be delaying the process intentionally. Some employers may try to trick employees into giving up their compensation rights.

In the worst cases, employers could refuse to file your compensation claim outright. To be on the safe side, follow up on your claim often.

Also, involve an attorney immediately. Employers are more likely to follow the rules if an attorney gets involved.

Why Is a Worker's Comp Lawyer So Important?

A Worker’s Comp lawyer can protect your rights and get you a higher sum for your injuries. Employers, insurance companies, and adjusters will take advantage of you if they see an opening.

Work injury lawyers know the tricks that insurance companies and employers use against workers. An attorney will also champion your cause in court if necessary.

Contact a South Carolina Worker’s Comp lawyer  today at Burriss Ridgeway Injury Lawyers.

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