Should I Hire a Lawyer for a Workers’ Compensation Claim?

After getting hurt at work, you might wonder if you should hire a lawyer for your workers’ compensation claim. Is it really worth it?

It is in your best interest to hire a workers’ compensation lawyer in many cases. There are several factors to consider, including how severe your injury is, the actions of your employer and their insurance company, and the specific details of your case.

First, let’s look at some reasons why an Atlanta workers’ compensation lawyer is your best option while filing a claim.

Workers’ Compensation Claims Aren’t the Same as Personal Injury Claims

You have to file a claim against the negligent party’s insurance company in personal injury claims. For workers’ compensation, things are different. Firstly, the average workers’ compensation settlements are no-fault, meaning that it doesn’t matter how your accident happened. So, if you get injured at work, you qualify to receive workers’ compensation benefits.

Secondly, workers’ compensation claims seldom go to court. The vast majority settle out of court, if not all of them. The workers’ compensation claim process was specifically designed to keep injured employees out of court and resolve issues as fast as possible. Because of this, if your claim repeatedly gets denied or runs into hiccups, it can be difficult to find assistance.

So, while hiring a lawyer for a workers’ compensation claim isn’t mandatory, if you’re having trouble getting a fair settlement, you should get professional legal assistance. Hiring an experienced workers’ compensation lawyer can drastically increase your chances of getting the workers comp insurance company or your employer to understand your situation and win the settlement you deserve.

When You Should Hire a Lawyer for a Workers Comp Claim

Work injuries can happen at any time, even to the most careful employees. Thankfully, most businesses in Georgia are required to carry workers’ compensation insurance to cover medical expenses, provide wage benefits, and more.

Most injured workers have a far better outcome in their workers’ compensation claims when they hire a lawyer. While some straightforward cases may not require legal representation, there are numerous situations where retaining an experienced attorney can significantly benefit an injured worker. 

Here are six compelling reasons to consider hiring a lawyer for your workers’ comp claim:

Claim Denial or Inadequate Consideration

Insurance companies and employers may sometimes deny or undervalue legitimate claims, hoping that employees will not challenge the decision. A lawyer can assess the merits of your case and advocate for your rightful compensation, appealing denials if necessary. This is extremely unfortunate, as hiring a workers’ compensation attorney makes all the difference.

Pressure to Return to Work Prematurely

Employers or insurance providers may attempt to rush your return to work before you have fully recovered. An attorney can protect your interests, ensuring that you receive the appropriate medical care and benefits until you are genuinely fit to resume your duties.

To prevent further injury, you should definitely hire a workers’ compensation lawyer for your claim. You have the right to comp benefits while still not well enough to work.

Inability to Perform Previous Job Function

If your injury prevents you from working as you did before, either partially or completely, you may be entitled to income benefits. However, insurance companies often resist paying these costly benefits. A lawyer can fight to secure the full compensation you deserve, whether for temporary or permanent disability.

A workers’ compensation lawyer can help protect you from greedy insurance companies looking for ways to deny your full benefits. It does not matter how costly they become; you have the right to receive the benefits you are entitled to under Georgia workers’ compensation laws.

Potential Retaliation from Employer

 In some cases, employers may try to take retaliatory actions, such as termination or reduced hours, after an employee files a workers’ comp claim. An attorney can safeguard your rights and advocate against such unlawful practices.

Therefore, you should reach out to an experienced workers’ compensation lawyer right away to protect your rights.

Employer Misconduct or a Third Party Caused Your Workplace Injury

If your injury involved a third party or resulted from egregious employer misconduct, you may have grounds for a personal injury case in addition to your workers’ comp claim. A lawyer can evaluate the circumstances and guide you through the appropriate legal proceedings.

You may also have grounds for legal action against your employer if they exercised severe misconduct in connection with your accident. Contact our workers’ compensation lawyers about your claim to discuss the details and your options.

Attempts to Limit or Terminate Benefits

Insurance companies are motivated to minimize payouts, often seeking to limit or prematurely end your benefits. Having a skilled lawyer on your side can help ensure that your rights are upheld and that you receive the full extent of benefits you are entitled to under the law.

The Impact of Social Security On Workers’ Comp Claims

The interplay between workers’ compensation and Social Security disability benefits can be intricate and complicated. If you anticipate the need to file for Social Security disability (SSD) benefits, it is advisable to seek the guidance of an experienced workers’ compensation attorney.

The reason for this is that your workers’ comp award may influence the amount of income you receive from SSD benefits. In some cases, the receipt of workers’ compensation payments can result in a reduction of your SSD benefits.

However, with the assistance of a skilled lawyer, there are strategies that can be employed to mitigate the impact of your workers’ compensation settlement on your SSD benefits. 

Workers’ Compensation and Pre-Existing Conditions

Pre-existing conditions can complicate matters. Insurance companies may attempt to attribute your injuries or medical issues to a prior condition rather than acknowledging their connection to your workplace duties. In such circumstances, hiring a workers’ compensation lawyer is particularly advisable when pre-existing conditions are involved.

An experienced comp lawyer can gather evidence and build a strong case to demonstrate that your current condition is indeed work-related and not merely a consequence of a prior medical issue. 

Having a Georgia Workers’ Compensation Lawyer Levels the Playing Field

It’s also good to remember that the insurance company has its own team of experienced workers’ compensation defense lawyers working on your claim. They will have experts at the ready, so why shouldn’t you?

So many injured workers find peace of mind after they hire a workers comp lawyer. Having a compassionate legal professional with your best interests in mind, is more than worth it.

Situations Where You May Represent Yourself

Although a workers’ comp attorney is almost always worth it after filing your claim, you may be able to get by without help if you:

• Have a cooperative employer who fully admits your injury occurred at work
• Had very minor injuries
• Did not have to miss any work or miss very little because of your injury
• Do not have a pre-existing condition involving the same area that was hurt in your work-related accident

Even in these situations, you might consult with a Georgia workers’ compensation lawyer before proceeding on your own. Once you accept a settlement or close your case, there is little to no chance of receiving anything else. Your workers’ comp claim is often worth a lot more than you initially realize.

The Best Time to Hire a Workers’ Compensation Lawyer Is Now

When it comes to workers’ compensation claims, you don’t have a lot of time to get your affairs to negotiate a settlement.

More often than not, workers’ compensation claims have an extremely short deadline compared to the statute of limitations for regular personal injury claims. The insurance company will assume that your injuries aren’t as serious as you claim them to be by waiting too long. Don’t put yourself in an uphill battle for your settlement.

After seeking medical treatment, please reach out to one of our workers’ compensation lawyers to assist you immediately.

Talk to a Georgia Workers’ Compensation Lawyer for Free Today

If you’re unsure whether or not you should hire a lawyer for a workers’ compensation claim, you can start with a consultation. Most workers’ compensation lawyers offer the consultation completely free of charge, so you can discuss the details without worrying about any fees or commitments.

At John Foy & Associates, that’s how we have been operating for over 20 years. Our experienced and compassionate Georgia workers’ compensation lawyers do not take a single fee upfront, so there is no risk to working with us.

So, give us a call today for your free consultation, and we’ll talk about your options. Call us or contact us online to get started. We can help you learn more about workers’ compensation: what it is, how it works, who pays, and how we can help.