Not every case will need a workers comp lawyer. However, If you’ve sustained a work injury, you may be asking yourself, “Should I get a lawyer for workers’ comp?” Sometimes, a workman’s comp lawyer can be the most valuable ally to someone with a work injury.
Many have work injuries that falls under all the conditions required for legitimate workers’ comp claims. In some cases those claims may still be denied. That is where a workman’s comp lawyer becomes an essential advocate. First, helping to navigate the complex administrative and legal requirements of workers’ comp claims. Second, a lawyer can help you get the work injury compensation that you are legally due.
However, there are instances when a workman’s comp lawyer is not necessary. You may even approach a workman’s comp lawyer with your concerns. Next after explaining your case, they may tell you that legal assistance for your workers’ comp claim is not required.
Why does this happen? In what situations would a person have a work injury but still be denied? There are two primary scenarios, and we’ll outline them entirely.
Do I Need a Workers Comp Lawyer When My Case is Straightforward?
There are some instances when a workman’s comp lawyer sees that a situation is “textbook.” It’s clear that making these workers’ comp claims is a simple process, with no issues or complications. They might tell you that this is the case in the following situations:
The Injury Is Not Serious: You Probably Don’t Need a Workers Comp Lawyer
Sometimes, a workman’s comp lawyer will tell you that a work injury doesn’t require a claim. A minor cut, scratch, bruise, or bump are all considered a work injury technically. However, if they don’t impede your ability to work, and you don’t even feel the need to take time off, then a workman’s comp lawyer will tell you there’s no need even to make a claim.
The Duration of Not Working Was a Day or Less
Similarly, if an injury only kept you off work for a few hours, maybe a day at most, a workman’s comp lawyer will likely not take the case. This is closer to a sick day rather than requiring extensive workers’ comp claims. The amount of time and effort required on the part of a workman’s comp lawyer to get workers’ comp claims recognized for one day or less of work is not proportionate to the day of work lost, especially if you got paid for that day off anyway.
Your Employer Acknowledges the Incident
If you’ve sustained a serious work injury that will require medical treatment and time to recover, you need workers’ comp. If your employer is ethical, professional, has acknowledged the work injury, and is taking steps with you to ensure that workers’ comp claims are being properly filled and submitted, then a workman’s comp lawyer may say there’s not much to do on their part.
More Instances Where You May Not Need a Workers Comp Lawyer
There are other situations, where you ask, “Should I get a lawyer for workers’ comp,” and the answer is “no” due to issues with qualifying. A workman’s comp lawyer may hear your case and say you don’t need legal representation because your workers’ comp claim has a low likelihood of acceptance. Such instances include:
The Injury Did Not Occur at Work
The most obvious reason a workman’s comp lawyer would say representation is unnecessary is if the workers’ comp claim is for an injury that didn’t take place at work. Though you may not be able to work because of an injury sustained elsewhere, it will not qualify as a work injury. You must be injured on work premises while conducting work business to make workers’ comp claims.
There Was Horseplay or Negligence Involved
Even when a work injury legitimately occurs while on the job, the cause of the accident is a factor in workers’ comp claims. If mischief or horseplay results in a work injury, especially if there are witnesses who can attest, a workman’s comp lawyer may advise you that no workers’ comp claim will go through. A workman’s comp lawyer understands that an easily preventable work injury arising from “fooling around” will not be considered legitimate. Even if a workman’s comp lawyer were to help in the application process, the cause of the injury would guarantee a denial.
Know When to Get Help
You should only think about getting the help of a workman’s comp lawyer if you foresee legitimate issues with your workers’ comp claims, or you are already experiencing complications when you know your situation is valid. Another instance when a workman’s comp lawyer can help is if there is ambiguity in the case. A legal professional can help you obtain documents and records that might be difficult for you to access on your own.
For example, you are legitimately hurt on the job, and the work injury is related to your back. One issue may be that you have a pre-existing condition that affects your back. A workers’ comp claim may be denied on the grounds that it is not a “new injury” but the latest manifestation of your pre-existing condition. That decision would deny compensation. In this instance, a workman’s comp lawyer would be very effective in sorting through the legal tangle of questions, requirements, and medical documentation needed to get a proper resolution for your work injury.
When asking the question, “Should I get a lawyer for workers’ comp,” look at your injury circumstances and your options. If you know your claim is legitimate, yet you received a denial, you should contact a lawyer. If you have a serious, perhaps even permanent condition, legal counsel can help your claim get recognized and approved. A lawyer is the most qualified expert to judge whether your case needs legal assistance, or whether no intervention is required.
When Do You Not Need a Lawyer?
1. The Injury Is Not Serious
2. The Duration of Not Working Was a Day or Less
3. Your Employer Acknowledges the Incident
What Could Disqualify Your Case?
1. The Injury Did Not Occur at Work
2. There Was Horseplay or Negligence Involved
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Prior to forming Dyer, Garofalo, Mann & Schultz, Doug worked as a bodily injury claims adjuster for a large insurance company. This unique experience has been a tremendous asset to Doug in his fight to achieve maximum cash settlements for his clients in minimum time. Since departing from the insurance company, Doug has dedicated his entire legal career to helping injured clients when they need it the most.