When you suffer workplace injuries, one of the first questions that will likely run into your mind is, “do I need a lawyer”?
You may also wonder when to hire a workers’ comp lawyer, the legal assistance they offer, and the cost of hiring one. Beyond the injuries, there’s so much uncertainty, so filing a workers’ comp claim can feel overwhelming.
In this post, we will discuss some pertinent questions and certainties that you may have when considering hiring a workers’ comp lawyer.
Read on to determine whether you need a workers’ compensation lawyer and when to hire one.
Do I Need a Lawyer?
The workers’ comp system is designed to cover medical costs and provide wage loss benefits and other reimbursements to those injured on the job. The system serves two main goals: to ensure workers secure benefits after work injuries and to avert lawsuits against employers.
Since the workers’ comp system is there to help injured workers, most employees assume they don’t need a workers’ compensation lawyer. After all, why hire a lawyer if there is a system to protect you?
So, do you need a lawyer? The answer is yes.
Workers’ comp is funded either by an employer or an insurance company. Insurers and employers don’t always accept paying the total compensation because it reduces their profits.
Moreover, some cases lack clarity surrounding what caused the workplace injury. They may also be allegations that the injury did not occur at the workplace or was caused by a pre-existing condition.
Such issues can arise in your case. So, hiring a workers’ comp lawyer would be best to protect your rights and ensure you get the compensation you deserve.
When Should I Hire a Worker’s Comp Lawyer?
In an ideal workers’ comp case, your injury is minor, and there is no doubt about getting your benefits. But not all workplace accidents happen in ideal situations.
Depending on your case, you may need someone to advocate for you and ensure you get fair compensation. You may want to consider contacting a workers’ comp lawyer if:
1. Your employer denies your claim
Employers and workers’ compensation insurance carriers often deny bona fide workers’ comp claims, assured that most workers will not appeal.
Unfortunately, they are usually right. Hiring a workers’ comp lawyer does not cost you any upfront fees, increasing your chances of receiving a fair settlement.
2. Your employer’s settlement offer does not cover all your damages
If you are not sure that a settlement offer is good enough, relying on the workers’ comp judge to get a fair deal would be a bad idea.
While settlements must have judicial approval, judges usually sign off any agreement as long as it is not inadmissibly unfair. Call a lawyer if you want someone to help you get the best settlement offer.
3. Your injuries limit what you can do or prevent you from returning to your previous job
Permanent disability can entitle you to weekly payments or a lump sum to compensate you for your wage loss.
Such cases are very costly for insurers, so they will do everything to evade paying the damages you deserve.
An experienced workers’ comp lawyer is crucial in a case that involves permanent injury or illness.
4. You receive social security disability benefits
Your workers’ compensation benefits can lower Social Security Disability payments if your settlement is not structured well. A knowledgeable lawyer can draft your settlement agreement properly to eliminate this offset.
5. Your employer retaliates against you for filing a claim
Your employer could demote you, fire you, reduce your work hours, or reduce your pay because you filed a workers’ comp claim.
If you have faced discrimination from your employer, contact a workers’ comp lawyer immediately to have your legal rights protected.
6. Your injuries resulted from a third party’s actions or your employer’s serious misconduct
The basic idea behind the workers’ comp system was to stop civil lawsuits for work injuries. However, there are situations where you are allowed to take legal action beyond workers’ comp.
You can sue if someone who is not your employer caused the accident that led to your injuries. For instance, if a negligent driver hit you when driving to work, you can file a third-party claim against them on top of your workers’ comp claim.
You can also sue if your employer does not carry workers’ comp insurance or if your employer inflicted injury on you intentionally. Only an experienced workers’ comp lawyer can clarify how the law applies to your case.
Remember, a workers’ comp lawyer can offer tremendous benefits as you navigate your claim, even if you don’t face these situations.
Generally, workers’ comp claims involve a lot of paperwork- forms and deadlines. Filling a form incorrectly or missing a deadline can hinder you from recovering the much-needed benefits.
There is also evidence that could support your case that might not be obvious, and only a lawyer can gather such evidence to help win your case.
What Do the Numbers Say?
Statistically speaking, 93% of workers who file workers comp cases win. But these statistics are misleading because they don’t clarify whether the amount workers get covers all their expenses and lost wages.
Approximately 74% of workers injured on the job go unrepresented. That means they risk being exploited by insurance companies or not recovering the benefits they deserve.
The few who hire workers comp lawyers win way higher settlements. Statistics show that workers who hire a workers’ comp lawyer receive 2.7 times the payout received by workers without a lawyer.
The reason behind this is logical- a lawyer helps you build a strong case and calculate the amount of money you need to cover all medical bills and lost wages.
These benefits are beyond financial, though. Lawyers provide invaluable guidance and assistance with the complex aspects surrounding workers’ comp claims.
How Much Does a Workers’ Compensation Lawyer Cost?
Let’s say you are convinced that contacting a lawyer is the best cause of action. However, you are now worried about the cost of getting a lawyer to handle your workers’ comp claim, especially when you don’t have an income due to your work injury.
So, what percentage does a workers’ comp lawyer get? In most states, workers’ comp lawyers get a statutory fee of 10% to 20% of your settlement or benefits.
Workers comp lawyers work on a contingency fee basis, like most personal injury cases. That means if you win your case, your lawyer will receive the agreed-upon percentage of your settlement. If you lose, there will be no fee.
In a typical personal injury case, lawyers charge about 33% of your damages. For example, if you were involved in a car accident and got $50,000 in damages, you would owe the lawyer $16,500. That means you take home around $44,500.
However, most states have laws that cap workers’ comp attorney fees. So, their percentage is significantly lower than that of personal injury lawyers, but it can increase depending on the complexity of your case.
The contingency fee ultimately depends on how your case will be resolved, what type of benefits you recovered, and the settlement amount.
What Happens If I Fail to Win My Case?
When injured on the job, you hire a lawyer hoping the lawyer will get a settlement offer from your employer’s insurance company.
A settlement is usually reasonable because it eliminates the risk of losing at trial. You may not get 100 percent of what you were seeking, but it will be enough to cover your medical bills and get you back on your feet.
Unfortunately, your employer’s insurance company may dispute your claim. This forces you and your lawyer to appeal the case at trial before a judge.
But what happens if you lose your workers’ comp case at trial?
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Lost wages won’t be compensated under workers’ compensation
Workers’ comp entitles employees who suffer disability due to work injuries to wage loss benefits. If you did not suffer any disability and lost your workers’ comp case in trial, you are not owed any wage loss benefits.
Some lawyers advise their clients to seek other benefits that could be owed to them when the case is still in progress. If, for instance, you had recovered short-term disability benefits beforehand, you wouldn’t have to make any refunds when you lose your case.
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Medical Bills will not be covered
Workers’ comp covers all necessary medical treatment. But if you lose your workers’ comp case, the medical bills will become your responsibility.
It is essential to submit medical bills to health insurance for payment. If you lose your workers’ comp case at trial, you will not owe them.
Many health insurance companies require injured workers to submit medical bills within a year from the date of treatment. Any payments that a group health insurance makes don’t have to be reimbursed should you lose your workers’ comp case at trial.
But you could still owe copayments and deductibles.
Talk to a Workers’ Compensation Lawyer Today
There is so much to consider when hiring a workers’ comp lawyer. Juggling bills to medical care and knowing the deadlines for filing a claim can be overwhelming for anyone.
That is especially true if your work-related injury leads to disability or you are taking a long to recover.
Speaking to an experienced workers’ comp lawyer is the only way to ensure you get the help and benefits you deserve.
At Legal Giant, we connect you with experienced workers’ compensation lawyers that offer you the legal representation you need to win your case. Contact us for a free case evaluation today.
