If you’ve been injured on the job and are concerned about whether you need to hire a workers’ compensation attorney, this is a good place to start. Without knowing the particular facts of your case, it’s impossible to say for certain whether you need an attorney to help you with your claim. We can however, give you a general idea about the types of circumstances that may point to a decent do-it-yourself outcome. These circumstances would be:
- Your work-related injury is relatively minor.
- Your employer acknowledges that the injury occurred at work.
- You didn’t miss much work as a result of the injury.
- You don’t have a pre-existing condition that was exacerbated by the new injury.
Essentially, if your work-related injury is relatively minor and you get back to work quickly without any permanent total or partial loss of use or disability, you probably do not need an attorney.
However, even if your circumstances seem relatively uncomplicated, the process can still be tricky. You may at least want to contact an experienced workers’ compensation attorney for a free consultation. The New York workers’ compensation attorneys at Schwartzapfel® Lawyers, P.C. are able to walk you through the claims process, alert you to potential snags and give you an honest opinion as to whether or not you can handle the claim on your own.
You May Want a Workers’ Compensation Attorney if…
Sometimes claims seem simple enough, but then things get more complicated. If this happens to you, you may want to seek the advice of an attorney who’s been working on these claims for years. Warning signs that may indicate it’s time for some help include:
- Your employer disputes your employment status
- Your employer disputes whether or not the injury is truly work-related
- Your employer questions your ability to return to work
- Your employer denies your claim
- You haven’t received your benefits in a timely manner
- Your employer’s settlement offer does not cover your losses
- Your employer retaliates against you in some way for filing a workers’ compensation claim
- You think you may have a potential third party claim
- You are permanently disabled (either partially or totally)
- You suffered a permanent loss of use of part of your body, even if minor or partial
It is a Good Idea to Hire a Workers’ Compensation Attorney if…
If you are looking at entering into a Section 32 Agreement with your employer and the insurance carrier, you will be doing yourself a big favor by allowing an attorney to negotiate that for you. If you negotiate a Section 32 Agreement that the Board approves, but you later decide you are unhappy with, you lose certain rights. This means:
- You cannot go back and reopen your claim,
- The carrier will no longer be responsible for any part of your claim; and
- You will no longer receive additional income from the claim.
Additionally, if a loved one was killed while on the job, speak to an attorney to learn your rights. The workers’ compensation system was created to protect employees by providing prompt and fair compensation to those injured on the job. However, it now appears that the workers’ compensation system benefits employers and insurers more than it does those it was designed to protect.
The Workers’ Comp Insurance Carriers Have Attorneys on Their Side – Why Shouldn’t You?
Many people hesitate to hire an attorney to help them with their workers’ compensation claims because they don’t know how to select a good lawyer or they don’t think they can trust them. While it’s true, there are some unscrupulous attorneys out there, there are also a lot of honest, hard working, and ethical lawyers ready to help.
The workers’ compensation insurance company that you will be negotiating with already has a team of attorneys on its side. Shouldn’t you have an experienced workers’ compensation attorney on your side as well?
Ultimately, the workers’ compensation system is designed to process standard claims as quickly and cheaply as possible. If your case is not standard or if you believe the system is not working for you, you should take advantage of a free consultation with an attorney to learn your rights.
Trust the Professionals At Schwartzapfel® Lawyers P.C. To Work With You
If you have been injured on the job or have developed an occupational disease, you need the benefits afforded to you by workers’ compensation. Help secure your future by talking with our experienced New York workers’ compensation attorneys. With more than 150 years of combined experience and a proven track record of success, our attorneys are well-prepared to handle all your legal needs. Contact us today at 1-877-737-4806 or fill out our online contact form for a free case evaluation. We will fight for you!