5 Things To Ask Your Workers’ Compensation Attorney
When you have received injuries on the job, the logical thing to do is file a workers’ compensation claim as soon as possible. However, this process can be complicated, and is sometimes frowned upon by employers. In fact, many employers will intimidate or threaten employees who wish to file claims, often discouraging them from doing so for fear they may be fired. Rather than let these situations occur, it is best to hire the services of an experienced and knowledgeable workers’ compensation attorney to handle your case. But before making your decision as to which attorney to hire, here are five questions you should always ask your workers’ compensation attorney.
Do I Really Need an Attorney?
If you only sustained relatively minor injuries and missed only a day or two from work, chances are you may not need an attorney. However, if your injuries were somewhat serious and led to you needing extensive medical treatment and missing significant time from work, it is imperative you hire an attorney. Even in relatively simple workers’ comp cases, employers and their insurance companies pull out all the stops in an effort to deny a claim. Therefore, always have a skilled attorney working with you to protect your rights.
What if the Accident Was My Fault?
In most cases, even if an accident was your fault, you are still entitled to receive workers’ compensation benefits. However, this can change if it is determined you started a fight that led to the accident, or engaged in other forms of extreme behavior, such as being intoxicated or high on drugs. To be sure your employer does not try to make it appear as if you engaged in reckless behavior in an effort to dismiss your claim, always have a skilled attorney representing you during this process.
What Type of Benefits Can I Receive from a Workers’ Comp Claim?
In most of these cases, the employer’s workers’ compensation insurance company should pay you for any reasonable medical bills that are related to your injuries. However, depending on the type of care you require, there may be certain payment limits that apply, so keep this in mind. In addition, if you miss more than three days of work, you may be entitled to receive temporary disability benefits, which will help replace some of your lost income. If your injuries are serious enough to possibly prevent you from returning to your job, permanent disability benefits may also be an option.
Should I Speak to a Claims Administrator?
If you file a workers’ compensation claim, you will probably be contacted by a claims administrator for your employer’s insurance company. If so, they will want to discuss your claim, get additional details about the accident and your injuries, and other information that may pertain to the claim. In these instances, it is usually better to let your attorney do the talking for you. In many cases, the claims administrator will be more interested in trying to find evidence to use against you, rather than attempting to help you with your claim. Therefore, never sign paperwork or say anything to a claims administrator before first speaking with your attorney.
Will My Case Go to Trial?
While some workers’ compensation claims do eventually go to trial, the vast majority are settled out-of-court. However, since the amounts of these settlements can vary greatly, it is imperative to have a skilled workers’ compensation attorney handling your case. If you choose to go it alone, chances are you will receive far less to which you are entitled, and in all likelihood will have your claim denied altogether. By having an experienced attorney on your side, they will know how to negotiate with the insurance company, and also how long it will generally take to settle your case.
By asking these questions of your workers’ compensation attorney, you can be sure there will be no unexpected surprises along the way. Since these cases are often very complex even under the simplest of circumstances, working with a knowledgeable attorney can make the process much easier.
