Do I Need An Attorney If I Am Injured At Work?
No. You may be able to get by without an attorney. In the following situations you probably do not need an attorney:
Your employer admits that the injury happened at work.
You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches.
You missed little or no work due to your injury.
You don't have a pre-existing condition that affects the same part of your body as the recent workplace injury (such as an old back injury from a car accident that was there before you slipped and hurt your back on the job). (Employers and insurance companies will make every effort to attribute an injury to a prior or otherwise non-industrial cause.)
You employer or their insurance company has been diligent in providing medical care, modified work if warranted, or temporary disability.
Even in these relatively uncomplicated situations, it's often a good idea to contact a workers' compensation attorney for a free consultation about your case. The lawyer can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own.
When SHOULD I Hire An Attorney?
The moment any complexity arises in your case or the employer or insurance company begin to act in a manner which calls into question their willingness to provide you with medical treatment or benefits is the moment you should hire an attorney. Here are some examples of situations that call for a lawyer’s intervention:
Your employer denies your claim or doesn’t pay your benefits promptly. Employers and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct. Hiring a workers' comp attorney costs nothing up front and it gives you the best chance to receive a fair settlement or award for your injuries.
Your employer's settlement offer doesn't cover all your lost wages or medical bills. If you're not sure a settlement offer is good enough, don't rely on the insurance company or workers' compensation judge to make sure that you're getting a fair deal. Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.
Your medical issues prevent you from returning to your prior job, limit what you can do at work, or keep you from performing any work at all. If you've suffered permanent disability—whether partial or total—you may be entitled to weekly payments (or a single lump sum) to make up for your lost wages. These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' compensation attorney is essential in cases involving permanent injuries or illness.
You receive or plan to apply for Social Security Disability benefits. If your settlement isn't structured properly, your workers’ comp benefits could significantly lower Social Security disability payments. An experienced attorney will understand how to draft your settlement agreement to minimize or eliminate this offset.
Your employer retaliates against you for filing a workers' comp claim. If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights.
You were injured because of a third party’s actions or your employer’s serious misconduct conduct. The workers' comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers' comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn’t have workers’ compensation insurance, or your employer intentionally caused your injury. An experienced lawyer will be able to explain how the law applies to your situation.
You are asked to sign an agreement or statements stating you were not injured. Unscrupulous employers will sometimes induce a worker not to file a workers compensation claim by promising the injured worker “they will be taken care of”. Once the injured worker signs the agreement the employee is let go or the employer otherwise fails to follow through with their promise.
Anything else that calls into question your employer’s willingness to address your injury claim. Do not ignore the warning signs.
Remember, when you make a claim for a work related injury you will be dealing with the employers insurance company, and their lawyers. Larger companies I have dealt with such as Amazon, Walmart, Target, Federal Express, McDonalds, and Kaiser are frequently actively involved in the defense of work injury claims.
