Are you a legal professional? Visit our professional site

5 Things a Workers' Comp Lawyer Can Do (That You Probably Can't)

Article Placeholder Image
By Daniel Taylor, Esq. on October 22, 2014 12:18 PM

Workers' compensation is the system that compensates employees who are injured on the job financially without requiring a personal injury lawsuit. But do you need a lawyer to guide you through the process?

The system is set up to be "no fault," meaning that any negligence on the part of the employee or the employer is not at issue. Nevertheless, successfully claiming workers' compensation benefits can be a complicated, frustrating process, especially if your claim is denied.

Working with a workers' compensation attorney may be the best way to ensure that you get the compensation you deserve for your injuries. Here are five things a workers' comp lawyer can do that you probably can't:

  1. Advise you on whether your injuries are likely to qualify for worker's compensation. Not all injuries are compensable under worker's compensation. Still, "work related" injuries can encompass a wide range of possible injuries, including those that occur on employer-owned grounds or during a work-sponsored event. An attorney can help advise you on the likelihood that your injury will be covered by workers' compensation.
  2. Make sure you claim is filed properly. The first step toward receiving workers' compensation benefits is filing a claim. Claims can involve multiple sets of claim forms and the laws in your state may have specific requirements that must be met, but an experienced workers' comp attorney can ensure your claim gets filed promptly and correctly.
  3. Handle any appeals. If your workers' compensation claim is denied, you may be able to appeal the decision. An attorney will be able to assist you throughout the appeals process.
  4. File a lawsuit, if necessary. In some instances, the benefits may not be sufficient to properly compensate you for the injuries you may have suffered and the costs you've incurred. In those instances, a workers' compensation attorney can help you decide whether to continue with a workers' compensation claim or file a civil lawsuit.
  5. Explain other types of benefits that may be available. In some circumstances, workers who are collecting workers' compensation benefits may be able to collect disability benefits as well. Disability benefits and other benefits such as unemployment benefits may also be needed before or after any workers' compensation benefits are paid. A workers compensation lawyer can help ensure you get all the benefits you may be entitled to receive.

To learn more about the process of filing a workers' comp claim, check out FindLaw's section on Workers' Compensation.

Related Resources: