Everyone should hire a worker’s compensation attorney right away.
Many people wait until there is a denial or until something goes wrong. Unfortunately, for those people, waiting delays their cases even longer. The insurance companies have in-house attorneys as well as a host of different law firms that work for them. That means the insurance companies never go without an attorney, even attorneys.
Why should any injured worker go without an attorney?
Insurance companies try to pretend to be friends with the claimant by saying, “You don’t need an attorney. We’re going to do the right thing by you.” Until they don’t.
If an injured worker chooses to go without an attorney, the worker should not allow the nurse case manager in on their case. The nurse case manager is there to reduce the cost for the insurance company. The nurse is not there for the benefit of the injured worker.
A nurse case manager might say they are working to benefit your case. But then they start going to your medical exams with you, harassing your doctor to send you back to work even if it is against your doctor’s wishes. Pushing your workers compensation benefits to a quick end.
They might tell you, “Don’t worry. You’ll go back to work on light duty,” but you go back to work, and there is no light duty. Because you are still recovering from your work-related injury, you are unable to do full-time, full-duty work, which gets you fired.
The Risks or Pitfalls of Handling a Workers’ Compensation Claim Without an Attorney
#1. Risk of Harmful Recorded Statements
The percentage of injured workers who seek an attorney right away and those who wait is about 50/50. The risk for those who wait is that they are speaking to a claim examiner on a recorded phone call, where a lot of questions are asked in different and confusing ways.
The “friendly” claim examiner aims to get them to say something on record that, when taken out of context, can be used against them.
#2. Risk of Lower Average Weekly Wage Calculation
Once the average weekly wage is set, it cannot be reset. If it is not correctly set, you could be losing out on a lot of money. An insurance company can work to lower the set amount. A New York City workers’ compensation lawyer, who is representing you, can argue to increase that set amount. But without such legal representation, the layperson would not know about being able to adjust the set wage.
A workers’ compensation lawyer would have the ability to take the deposition and know the questions they’ll be asking you.
#3. Risk Around Medical Evaluations and Reports
If you go to an IME doctor without representation, you don’t know all your rights, such as whether the insurance company followed the rules by properly serving the workers’ compensation report to all required parties.
A knowledgeable and experienced workers’ compensation lawyer is able to get the set wage thrown out that was based on your answers to intentionally confusing questions.
#4. You Miss Out on Risk-Free Representation
Attorney fees for an injured worker are paid based on the injured worker’s recovery. It is a contingency fee, and therefore, the injured worker does not have to pay out of pocket. Also, unlike personal injury attorneys, who receive 1/3 of everything that the person receives, Workers’ Compensation attorneys only receive 15% of indemnity awards.
You need to hire a workers’ compensation attorney when:
Your Employer Denies or Delays Your Claim
If your employer refuses to pay your claim or keeps delaying your payment, a New York City workers’ compensation lawyer can help. Too often, employers or workers’ compensation insurance companies reject employees’ claims, even if they do have a legitimate claim. They hope that these workers won’t appeal the decision and they’ll never have to write a check. But a good lawyer can help you gather evidence to support your claim and get you the settlement you’re entitled to.
Your Employer Retaliates Against You
In some of the worst cases, employers will actually go so far as to retaliate against employees who file workers’ comp claims. This often comes in the form of demotions, reduced hours, reduced pay, or unpleasant work assignments. This retaliation is also completely illegal. If you feel your boss is retaliating against you for filing a workers’ comp claim, a lawyer can help you not only get your fair settlement, but also get you justice for this discrimination.
Your Settlement Is Too Low
If your employer offers you a settlement and doesn’t retaliate against you for filing a claim, you may be tempted to take it without asking too many questions. But oftentimes, companies will give you a lowball offer, hoping you’ll blindly accept it and they won’t have to give you a full payment. If your settlement offer won’t cover your medical bills or the wages you lost during the time you had to spend away from work, it’s a good sign you could be owed more money. A personal injury lawyer can help you calculate exactly how much you’re owed and fight for a fair settlement offer.
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You Can’t Return to Your Old Work Capacity
Depending on the severity of your injuries, you may not be able to return to work in the same capacity you did before. You might not be able to meet all the physical demands of your job anymore, or you may not be able to return to work at all. If this is the case for you, you’re entitled to compensation for all that loss of future earning potential. A workers’ compensation lawyer will help you calculate how much money you lost out on because of this injury and will help you recover as much of that compensation as possible.
You Plan to Get Social Security Benefits
Unfortunately, even if you get a fair settlement offer, it can actually work against you in the long run. Depending on the wording of your settlement, workers’ compensation benefits could seriously reduce the amount of Social Security disability benefits you can claim. The good news is that a good personal injury lawyer can help you avoid those problems. They can make sure the wording on your settlement is such that it won’t impact your Social Security disability benefits.
You Were Injured as a Result of Misconduct
It’s definitely a good idea to hire a workers’ comp lawyer if you know or suspect your injury was the result of misconduct or negligence. It is true that in general, workers’ comp exists to prevent lawsuits over workplace incidents. But if your injury is due to negligence on the part of your employer or a third party, you may be able to sue. You may also be able to file a lawsuit if your employer didn’t have workers’ comp insurance. An experienced workers’ compensation lawyer can help you get the settlement you deserve.
Do I Need a Workers’ Compensation Lawyer to File My Workers’ Compensation Claim in The Bronx, NY?
A workers’ compensation lawyer can help handle your workers’ compensation claim include the following:
- A lawyer knows the “going rates” and what compensation that you may be entitled to, not settling for less
- If you fail to file within a time limit, you claim can be outright denied as time-barred – even if you have a very strong claim
- Any claim where a loved one was killed in a workplace accident or due to a workplace incident
- An experienced workers’ compensation lawyer can help you gather medical evidence and build a claim for you, especially when your injuries may be difficult to prove
- There are many traps in the application process that can limit, minimize, or even result in the denial of a claim
- Calculations for schedule loss of use and nonschedule loss of use cases are very complicated
- A lawyer knows what experts to possible use to help support your claim
- Preexisting injuries and prior injuries can make claims very difficult to obtain the compensation that you deserve
- Any false statement or misrepresentation – even if a mistake – can result in the complete denial of benefits, and even the requirement that you must completely repay any benefits that you received
- A lawyer can cross-examine and fight back against a physician or expert used by the carrier that is not correct or just a “hired gun” to help support their case by undermining yours
- Having a lawyer can ensure that you have a stronger negotiation position than if you did not have a lawyer
- When it comes to an offer for settlement or a lump sum settlement, a lawyer can discuss your options, negotiate a better price, and determine what your best option may be
- Your claim was denied and you need to file an appeal with legal memoranda
- Your employer claims that your injury did not occur in the workplace and is therefore not covered
- First responders have special rules that should be handled by a lawyer
- You have a work-related illness that is difficult to prove of establish
- Your claim has been delayed and you do not know why
- Your benefits do not cover your total monthly expenses
- If you will likely be disabled for at least one year or longer, you may also be entitled to Social Security Disability Insurance benefits which can also you to obtain additional compensation but there may be an offset with workers’ comp
- You have a permanent disability
- You may have a claim against a third-party that caused your personal injuries, such as a non-employee like in a motor vehicle accident
- Your employer fired you or has otherwise engaged in some type of workplace harassment, discrimination, or retaliation for you filing a workers’ compensation claim
- Your employer did not have workers’ compensation insurance when it was required to, and
- Any other reasons that make you feel comfortable in handling your claim.
Get the Settlement You Deserve
If you’ve been injured at work, you could be entitled to money to help cover your medical bills and lost income. A good personal injury lawyer can help you get a full and fair settlement and make sure that you don’t experience any retribution for collecting what’s due to you. If you’re facing a workers’ compensation claim, O’Connor Law wants to help. Our attorneys will fight for your case like it was our own. Schedule a free consultation with us today to start getting the representation you deserve.
O’Connor Law’s Experience In Handling Your Workers’ Compensation Cases
Returning to my introduction, my past experience was working for the other side. I began my legal career working for insurance companies, even training the lawyers of insurance companies. I was a high-volume insurance company defense attorney.
Thus, I can anticipate problems and deal with them before they happen. Also, through my husband working for the federal government, I saw how the government treats workers’ compensation cases.
In addition, two of our attorneys have had family members injured at work and have had to go through the workers’ compensation process. Thus, workers’ compensation cases hit close to home, and we fight for our clients, as they are family.
For more information on Worker’s Compensation Issues In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by contacting us today.
