In some cases of on the job injury or work related illness, the workers’ comp claims process can run very smoothly, giving you the benefits you need and without too much trouble or confusion. In many other cases however, the process gets very confusing for the worker and can be quite stressful as a result.
For this reason, seeking advice from a workers’ comp attorney who understands workers’ comp laws can be of significant benefit to you. Not only can it make all of the claims filing and review processes easier to understand, but it can actually help get you the benefits you need under your employer’s workers’ compensation insurance plan.
Straight Forward Work Related Injuries
Some workers’ comp claims are very straight forward - with a serious injury being easily linked to a specific on the job accident, or an intentional tort performed by an employer. These kinds of claims are hard for an employer or the workers’ compensation insurance carrier to deny. They are so clean cut that denying a workers claim for short, long term or permanent disability benefits under the workers’ comp system is virtually impossible.
In such a case, you may or may not feel you need legal help. However, having an attorney who can protect your interests and interpret the communications you receive from the workers’ comp carrier and your own employer can still be beneficial.
The different letters and forms workers receive often contain confusing details and “legalese” that the average person has difficulty fully understanding on their own. A workers’ compensation attorney can interpret these documents for you and ensure you’re never surprised by unforeseen complications that can arise in the course of workers’ compensation processes.
Complicated Workers’ Comp Claims
Many workers’ comp claims are not so cut and dry. Some are quite complex, especially when dealing with a repetitive stress injury, work related illness, or any injury which cannot be clearly linked to a specific on the job accident. Claims such as these can get quite complicated, with many workers going through a barrage of medical tests, mandated doctors’ appointments and other assessments in determining if their condition is indeed work related.
The workers’ comp carrier may require a series of steps be completed during the course of their investigation into your claim. Understanding what is required of you can be confusing and knowing whether you have the right to refuse certain kinds of examinations can also be difficult.
You’ll undoubtedly be under a degree of stress, not only due to your medical condition but fear over your employment status and income concerns as well. Having an attorney on your side who can explain the workers’ comp process to you and assist you in understanding your own rights and responsibilities under workers’ comp laws can set your mind at ease. It can also help you get the workers’ comp benefits you need to pay your bills and the medical care required for treating your condition.
Workers’ Comp Laws and Covered Injuries
Not every injury at work will be covered by workers’ comp. Workers’ comp laws vary from one state to the next and while for the most part, injuries which occur in direct relation to a normal job duty will be covered, other injuries which occur on your employer’s property may or may not be covered under the workers’ comp system in your home state. An attorney who is familiar with workers’ comp and personal injury claims can guide you in your efforts to receive benefits and compensation for any injury you’ve experience, no matter which area of the law may govern your claim.
Attorney Fees and Billing Options
If you’re like most workers, you’ve never had need of an attorney for any employment related claims before and not having experience with legal fees and attorney billing practices, you may not know what to expect, including a bit worried about what it may cost to seek legal help with your workers’ comp claim.
The cost of hiring a workers’ comp attorney can be based on several factors, including:
- The billing options the lawyer offers
- Fee rates for the particular attorney
- How long it takes for a resolution on your workers’ comp claim
- Whether or not you receive workers’ comp benefits and the amount for which you’re approved
- What sort of legal expenses the attorney incurs while working on your workers’ comp claim
The biggest single factor influencing how much hiring a workers’ comp attorney costs is the billing method he or she uses. The majority of workers’ compensation lawyers understand clients are pressed for funds, especially when an injury results in lost time and pay for the worker. As such, many workers’ comp attorneys will work under a contingency basis, allowing you to pay nothing up front for their services and only receiving payment if your claim is approved and you receive a settlement. If you’re claim is denied, an attorney hired on contingency is owed no legal fees and many will also waive their expense charges. The contingency percentage will vary based on the state.
A Workers’ Compensation lawyer can tell you about specific state laws and any new statutes which may affect your case. To learn more about hiring a workers’ comp attorney or to receive a free case evaluation, click here now.