When to Hire a Workers Comp Lawyer
If you are injured on the job and require medical attention, you may consider filing a worker’s compensation claim. This process can be complicated (and challenged by your employer), so it’s important to follow professional guidance.
So, when should you hire a workers’ compensation lawyer?
Today, we’re taking a closer look at the matter so you know when to hire a workers comp lawyer.
When to Hire a Workers Comp Lawyer
Work-related injuries run the gamut all the way from simple paper cuts to severe, permanently disabling loss of life or limb. While the majority of injuries may be minor, there are still those that require a trip to the hospital, require long-term treatment, and even validate extended time away from work.
Employees who are moderately or severely injured at work have the right to file a Worker’s Compensation claim via their employer and the Division of Workers Compensation (DWC) of California. If evidence of the injury exists, the claim should theoretically be approved, granting the injured employee important financial compensation to ensure their survival and comfort while they heal.
If you are currently considering filing a Workers Compensation claim, you may be wondering whether or not you should hire a lawyer or file on your own. Make an informed decision with the information in this guide.
When Self-Representation Makes Sense
Disclaimer: If there is any question at all about whether your claim will succeed, no matter how obscure, you should skip this section and move on to the next one. It’s always best to be safe rather than sorry, especially when it comes to legal issues.
There are certain situations where self-representation makes more sense than hiring an attorney to represent you during your claim. If your case is so straightforward or to the point that there is absolutely no chance the employer will fight it, your own oversight will likely provide enough due diligence.
Other scenarios that might apply include:
- When your employer has already admitted fault for the accident and/or agrees it happened at the job or work site.
- When your injury was fairly minor, needing only minimal intervention (you experience a minor burn or a twisted wrist).
- When you don’t require any time off of work other than the initial time needed to see a medical professional for an evaluation.
- When you are reasonably healthy without other contributing conditions or pre-existing illnesses – factors employers may use to “explain away” the injury.
- When there are multiple witnesses who can corroborate that the injury occurred as a direct result of the employer.
Bear in mind that each of these points makes your case slightly stronger. Being able to tick off multiple boxes, rather than just one box, will predict a stronger chance of success even if you self-represent.
The Problem With Self-Representation
Self-representation can be a mixed bag – sometimes, it works well, and sometimes, it can be catastrophic. The biggest issue facing most employees is that it isn’t always easy to tell whether a case is complex or simple in the first place.
Sometimes, contributing factors may seem simple at first glance, only to become more complex later on – such as when an employer admits fault, but later recants and accuses you of lying. Be aware that situations like these happen very often, even to people who have a strong relationship with their employer.
Working with a lawyer from day one ensures you have supported both preventing and responding to changes in your case and claim as it proceeds. It just makes sense.
When You Absolutely Should Hire a Lawyer
As mentioned, the default answer to this question should always be “every time.” However, everything from money to time and even resources and knowledge of the legal system can influence whether someone chooses to reach out or file a claim alone. You always have the right to choose what’s best for you.
Still, there are certain warning signs and red flags that your case may be more complex or prone to issues. These signals can, and should, influence you to seek consultation early and often, whether you’re just getting started or your case is already in progress.
Your Employer Denies Your Right to Claim
Nearly every state in the US has Workers Compensation regulations. Employers must, in nearly all situations, allow you the right to file a claim and the right to compensation where evidence of harm or injury in the workplace exists.
Setting aside logistical refusals (such as when it is clear the original injury was caused outside of the workplace), an employer cannot deny you the right to file a claim, period. If they do, they are breaking the law.
If this situation happens to you, don’t argue with your employer or try to advocate for yourself. Instead, contact a lawyer immediately. Employers who attempt to convince their staff to stay away from Workers Compensation claims are often doing so because they are well aware of their own guilt.
Your Employer Offers a Questionable Settlement
It is also common for employers to lowball their settlement offers – after all, they are a business, and they need to protect their bottom line. Sometimes, they’re simply hoping you’ll see the numbers and get excited enough to say yes. In other cases, they may feel confident that you’ll fail to appeal successfully if you don’t have a lawyer.
No matter what their motivation, if you accept a low settlement offer, you may be left short for survival costs or even covering your own medical bills.
As a general rule, you should almost never accept the first settlement offer unless it exhaustively covers all of your costs – and then some. The best way to be sure an offer is fair (without financially overextending yourself, if that’s a concern) is to hire a workers’ compensation lawyer who only gets paid when YOU get paid.
Remember: paying for a lawyer doesn’t necessarily mean losing more money than if you go it alone. The small percentage you’ll hand over is far less than what you’re likely to lose in a low offer.
Your Injury Leaves You Disabled
When workplace injuries are so severe that the person is left disabled, either long-term or permanently, the case is considered complex from day one. These claims can be notoriously difficult to prove and often involve very high compensation costs, not to mention entitlement to weekly or lump sum payments – all factors the average employer is highly likely to fight to avoid.
Furthermore, injuries that leave you disabled are also much more likely to encounter increased scrutiny from insurance companies. The insurance company’s only interest is in protecting their bottom line without breaking their agreement with your employer; it is in their best interest to fight your claim.
If your injury is so severe that you need more than 30 days away from work, consider your case complex. Contact a lawyer immediately.
You Are Sanctioned for Filing a Claim
Employers cannot retaliate against you for filing a claim after an injury at work – but that doesn’t stop a few bad apples from doing just that.
If your employer exhibits any type of retaliatory action, it’s important that you document your experience and seek legal help from an experienced employment lawyer as soon as possible.
A few examples of retaliatory action include the following:
- Termination
- Verbal harassment
- Hour reduction
- Pay reduction
- Demotion
- Benefit reduction
- Reassignment
- Reassigns your role to another employee
Taking retaliatory action against an employee is against the law in California and your employer can be held responsible.
Conclusion
Now that you know when to hire a workers comp lawyer, you can proceed through the process of filing a workers compensation with confidence. If you believe your employer is taking retaliatory action against you in light of your claim, get in touch with an employment lawyer sooner that later.
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