When to Hire a Workers Comp Attorney

 

You Can Handle Your Own Workmans Comp Case. But Often It is Better to Call a Workers Compensation Lawyer.

 

The Virginia Workers Compensation Act and the Rules of the Workers Compensation Commission allow you to represent yourself. You are not required to hire a workers compensation lawyer to get the benefits you deserve after a work-related accident or the diagnosis of an occupational disease.

 

Some of you will not need to hire an attorney. If you have a straightforward claim that the employer or its insurance company accept, you can probably handle your own workers comp claim with the help of websites like this one that provide access to rules, statutes, research, forms, and advice on Virginia workers compensation.

 

Unfortunately I see employers and insurance carriers doing the right thing less often.

 

Workers compensation is set up as an administrative system. It is supposed to be more efficient and less formal than the civil court system.

 

Employers and their insurance companies are supposed to provide the benefits specified by statute, including temporary total disability, permanent partial disability, and lifetime medical benefits, without legal intervention when possible. But this is becoming more rare in my opinion. Full-scale litigation is often required to obtain benefits and maximize a claim’s value because insurance carriers are delaying, denying, or disputing valid workers comp claims.

 

This article discusses:

 

  • When a lawyer is not necessary for your workers compensation case

 

  • When you should hire a workers compensation attorney

 

  • How a lawyer can help you with your workers comp claim

 

  • Whether a workers comp lawyer is worth the cost

 

Though it is tempting to try to represent yourself in a workers comp claim, especially if the insurance company treats you right during the first few days or weeks after your work accident, doing so is often dangerous. I recommend having a free consultation with an experienced attorney before making your decision.

 

If you have questions about how to file a workers comp claim, or are ready to hire a work injury attorney who can present your case before a judge at trial and negotiate a top-dollar workers compensation settlement, call me for a free consult today: 804-251-1620 or 757-810-5614. I’ve helped hundreds of injured employees across the state navigate the workmans comp claims process. And I want to help you.

 

When a Lawyer Isn’t Necessary for Your Workers Compensation Claim

 

I’m biased so it’s no surprise that I recommend hiring a workers comp attorney in every case.

 

At least twice per week an injured worker whom settled his or her claim on their own calls me. They are frustrated by what happened after settlement. Some lost their job because of work restrictions. Others have bad credit scores because of unpaid medical bills they thought the workers’ comp carrier had paid. And some are worried because they just found out they need an expensive surgery, such as a lumbar fusion, because of their work injury – and the settlement won’t cover it.

 

Unfortunately you cannot reopen a workers compensation claim when the settlement becomes final. And had these injured employees hired a workers comp lawyer, they could have resolved their claim in a way that minimized or eliminated the problems they now have. That’s why I recommend hiring an attorney – even when the insurance company does not dispute your workmans comp claim.

 

That being said you may be able to handle your work comp claim without an attorney if:

 

  • You suffered a minor injury that does not require long-term pain management or surgery;

 

  • You missed less than one week of work because of your injury;

 

  • Your employer and its insurance carrier admit that you were injured at work;

 

  • You do not have a pre-existing condition; and,

 

  • You do not have permanent restrictions because of the work injury.

 

Unless all of these factors apply to your work-related injury, I recommend contacting an attorney immediately. Your employer and its insurance company will be represented by experienced counsel. And there are many traps for injured employees unfamiliar with the claims process. From giving notice of the work accident to satisfying the statute of limitations to issuing and answering discovery, you must satisfy the procedural rules to win your case on its merits.

 

When Should You Hire a Workmans Comp Lawyer?

 

Knowing when to hire a workers comp attorney is important. Wait too long and you may hurt your case and cost yourself tens of thousands of dollars in benefits.

 

Though hiring an attorney at the start gives you the best chance of getting all the benefits you deserve, not everyone does. And that’s ok. But if you find yourself in the middle of a complicated workers compensation case you should call an attorney immediately.

 

Here are situations when you should hire a lawyer:

 

1. When filing a workers compensation claim after an injury. An attorney can help you satisfy the procedural rules for filing a claim for benefits. He can also make sure your claim is complete and accurate. An incomplete or poorly worded claim can make it difficult to get all the benefits you deserve.

 

2. When the insurance adjuster asks you to give a recorded statement. Reporting your accident and filing a claim for benefits triggers many events and actions. And you will probably receive a call from the claims adjuster within a few days of filing your claim. Do not give a recorded statement or try to handle the adjuster on your own. Hire an attorney to help.

 

3. When your employer is threatening to retaliate against you if you file a workers compensation claim. In Virginia it is unlawful for an employer to fire you solely because you file a workers comp claim or seek the benefits you’re entitled to. Unfortunately this doesn’t stop some employers from threatening to terminate an injured worker’s employment or cut his or her hours. If your employer is trying to intimidate you, or if you’re aware that your employer has intimidated an employee who got hurt in the past, call an attorney immediately.

 

4. When your employer ignores your request for workers compensation insurance information. This is a red flag that your employer may not cooperate with you during the claim and may even provide information to its insurance carrier that hurts your case. I’ve seen many cases of workers comp fraud committed by employers.

 

5. When your claim is denied. Insurance carriers deny workers comp claims for many reasons. Some are valid. Others are not. You do not have to accept the insurance carrier’s decision. You may appeal the denial through the workers comp claims process. The appeals process requires you to file formal paperwork, gather and develop evidence to meet your burden of proof, and present your case at hearing. An attorney can help you with these steps.

 

6. When you have a preexisting condition. If you have a preexisting condition, such as arthritis or degenerative disc disease, or have injured the same body part before, there is a high probability that the insurance carrier will deny your workmans comp claim. These cases are winnable, but you’ll probably need an attorney.

 

7. When you have suffered catastrophic injuries. Some industrial accidents, such as work-related car accidents, are so severe that they may prevent you from returning the work. If the insurance carrier is concerned that you will have permanent and total disability, which is common with spinal cord injuries and traumatic brain injuries, then it will fight even harder to delay, deny, or dispute your case. The insurance company knows how expensive these claims can be and will do what it can to prevent you from winning or to reduce your claim’s value. Hire a workers comp attorney immediately.

 

8. When you have a workers comp hearing scheduled. If the insurance company refuses to accept your claim or offer a fair settlement, you will need to go to trial to get your benefits. Trying to meet your burden of proof and navigating the evidentiary rules without an attorney is a mistake.

 

9. When you’re having trouble getting the medical attention you need. Medical treatment denials are common in workers comp, even when the insurance company has said it accepts the claim. An attorney can put pressure on the insurance company to get the appropriate treatment authorized. If this doesn’t work, your attorney can file a claim for benefits on the issue.

 

10. When your employer asks you to attend a medical examination or to see a specific doctor. Though insurance carriers have some control over your medical treatment after a work accident, you are entitled to a panel of physicians. Call an attorney so that you pick the best doctor from the available. You should also hire a workers comp attorney when the employer or its insurance carrier asks you to attend an independent medical examination (IME). IMEs are often used to reduce the value of a claim. With thorough preparation you may be able to overcome this.

 

11. When your employer refuses to accommodate your light duty restrictions. It’s common for an injured employee’s boss to push for an early return to work. And it’s also common for an employer to say it has light duty available but to then ask an injured employee to perform work outside his or her restrictions. If your employer or the insurance company’s nurse case manager are pressuring you to return to work before you or your doctor feel you are ready, hire an attorney.

 

12. When your permanent impairment rating is disputed. After you reach maximum medical improvement (MMI) you may be entitled to permanent partial disability benefits for your work injury. To receive these benefits you must get a permanent impairment rating from a doctor. You may choose the doctor. I recommend hiring an attorney who can help you develop this claim so get you the most money possible for your permanent disability.

 

13. When a third party caused your work injury. Though workers compensation is often the exclusive remedy for work-related accidents, you may have a civil action if a third party’s negligence caused your work injury. For example, if another driver struck your car you may have both a workmans comp claim and a personal injury lawsuit. Maximizing the value of both claims is complicated. Hire an attorney to help guide you through both legal systems. There are significant differences between personal injury and workers comp claims.

 

14. You’re receiving other disability benefits. If you’re receiving Long Term Disability or Social Security Disability Insurance (SSDI) benefits, these payments may be reduced if you receive workers comp wage loss benefits. An attorney can help you minimize both the long term disability-workers comp offset and the SSDI offset. An attorney can also help you negotiate a workers compensation settlement that includes a Medicare Set-Aside Arrangement and is structured to put more money in your pocket.

 

Being injured at work is difficult enough. Don’t worry about figuring out your legal rights while trying to recover. Hire an experienced attorney to help you with the legal arguments and paperwork.

 

What Does a Good Workers Comp Lawyer Do for You?

 

In a perfect world you would not need a workers compensation attorney’s help. Your employer and its insurance carrier would cover your medical expenses and pay you for time missed from work and any permanent disability.

 

Unfortunately things rarely work the way they should after an on-the-job injury. You may feel not only physical pain but also financial and emotional stress.

 

An attorney can help you with each step of the complicated claims process and maximize your chance of recovery.

 

Here are some of the ways I help injured workers get what they’re owed:

 

  • Handle all paperwork

 

  • Educate you on what to expect and what is needed to win your work injury claim

 

  • Answer all your questions

 

  • Gather the evidence in your case, such as medical records, safety reports, and witness statements

 

  • Issue discovery to the employer and insurance carrier so that we get all important documents available

 

  • Consult with your treating physicians, expert medical witnesses, accident reconstruction experts, and vocational specialists to develop the evidence

 

  • Prepare you for deposition

 

  • Help you prepare your answers to interrogatories and request for production of documents

 

  • Develop a winning strategy

 

  • Negotiate with the insurance company so that you can receive a lump sum settlement or an award agreement without going to trial

 

  • Present your case at a hearing before the Virginia Workers’ Compensation Commission or Social Security Administration

 

  • Represent you on appeal before the Workers’ Compensation Commission or the Court of Appeals of Virginia

 

And my firm will do all of this while providing compassion and emotional support throughout our representation. Just ask the hundreds of injured employees that we have helped receive medical treatment, including surgery, prescription medication, and therapy, wage replacement payments, compensation for permanent impairment, vocational rehabilitation, mileage reimbursement, and lump sum work injury settlements.

 

Is a Workmans Comp Lawyer Worth the Cost?

 

Yes, a good workers comp lawyer is worth the cost.

 

Most workers comp lawyers do not charge per hour. Rather, they charge a contingency fee. This means your attorney receives a percentage of any workers comp benefits or settlement he helps you recover.

 

Virginia places a cap on contingency fees in workers comp cases. The percentage varies depending on the nature of the claim and whether there was a settlement offer when the injured employee hired an attorney, but usually it ranges between 15% and 20%.

 

Though I can never guarantee a certain outcome, I can say that I’ve helped numerous employees with prior settlement offers get much more money in their pocket.

 

I’ve helped many of these employees negotiate settlements that were 5x greater than the offer they had before hiring me. They ended up with tens of thousands of dollars more – and in some cases hundreds of thousands of dollars more – by hiring a workmans comp lawyer, even after the fee was taken out.

 

Free Attorney Consultation for Injured Workers in Virginia

 

The best way to get all the workers compensation benefits you deserve is to talk with an experienced attorney whom can help you decide whether you need to hire an attorney.

 

I offer free consultations to injured workers throughout Virginia. And handle cases throughout Richmond, Henrico, Chesterfield, Louisa, Powhatan, Petersburg, Williamsburg, Newport News, Hampton, Norfolk, Chesapeake, Portsmouth, Virginia Beach, Fredericksburg, Stafford, Fairfax, Manassas, Winchester, Roanoke, Charlottesville, and Bristol.

 

Call me today to discuss your legal options after an accident at work: 804-251-1620 or 757-810-5614.

Corey Pollard
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