Do I Need A Lawyer?

An individual is permitted to represent himself in a workers' compensation case, just as in any other legal proceeding, whether civil or criminal. However, anyone involved in a workers compensation lawsuit or attempting to negotiate an out-of-court settlement is expected to have a thorough knowledge of workers' compensation law and the Rules of Evidence. Moreover, employers and their insurance companies are typically represented by competent, well-paid lawyers who try to defeat the claim or at least minimize the dollar amount of compensation an injured worker will receive. Additionally, the law contains time limits for reporting an injury or disease to the employer and for filing a complaint for benefits. If an injury is not reported in time, or if the claim is not filed within the applicable statute of limitations, the injured worker may lose his or her right to receive any compensation for work injuries. Yet employers have no legal obligation to advise their injured employees of these time limits. Also, it is important to have an attorney who is familiar with the guidelines for permanent impairment and with the physicians used by the workers compensation insurance companies. A physician who gives a low impairment will directly effect the value of your case. As such you need a lawyer who will recognize a low impairment and can arrange a second opinion with another doctor. Most injured workers benefit from representation in any of the following situations:

(1) The injury is serious and it is obvious that it will result in extensive disability;

(2) The injury is actually denied by the insurance carrier;

(3) Disability last for an extended period of time, approximately 90 days, without any definite release to the normal and customary occupation;

(4) There is significant residual permanent partial disability, even though there is a return to normal and customary job duties; or

(5) other situations where an injured worker feels overwhelmed by the system. Finally, if you have already received an offer of settlement but are not sure if it is fair please feel free to call our office. We will be glad to give you an opinion on your case.

To learn more, contact us online or call us at 800-705-2121.