6 Examples of When You Need a Workplace Accident Lawyer
Did you just have a workplace accident, and you’re unsure about whether a lawyer is necessary? You’re not alone.
In the United States, according to the U.S. Bureau of Labor Statistics, there were a total of 2.8 million nonfatal workplace injuries and illnesses in 2018. Surprisingly, the majority of these came from the retail sector. No one is immune from workplace injuries and some can develop over time, such as from carrying heavy objects or sitting in the same position for hours.
If you’re hesitant about investing in a workplace injury lawyer, we’re here to help. Read on for six examples of when you need to hire a workplace accident lawyer.
When a Lawyer Isn’t Necessary
First, it helps to know when it isn’t necessary to hire work injury lawyers for job accidents. Remember that each incident is different, and you may still want to contact a lawyer for advice on your particular situation.
A lawyer usually isn’t necessary when your insurance company is unlikely to dispute a claim. These are claims that:
- Are unquestionably work-related
- Don’t require any serious medical treatment
- Won’t require a long amount of time off work
- Don’t have permanent injuries
One example is if you work an office job, tripped on the premises, and hurt your shoulder. After you went to the doctor, you were able to heal completely and a few weeks and go back to work immediately.
In these cases when there’s a minor injury that allows you to return to work immediately, insurance companies often don’t dispute those claims, so a lawyer is unnecessary. As you can see, your decision to hire a lawyer needs to be based on how much difficulty you’re having with the insurance company.
When a Workplace Accident Lawyer is Necessary
Unfortunately, sometimes things don’t go so smoothly. Whether you’re suffering through a major injury or have to take extra time off work while you heal, communicating with insurance companies who don’t want to pay out can be frustrating. Here are some examples of when having a lawyer on your side is worth the investment
1. Denied Claim
This is our top reason why work-related attorneys are important. The insurance company can deny your claim for any number of reasons. For instance, they may believe your injury isn’t work-related, or you didn’t file the claim in time. A workplace accident lawyer will help guide you through the appeals process.
2. Preexisting Conditions
Insurance companies may deny that your injury is workplace-related if you have preexisting conditions that could be the cause instead. For instance, if you’ve always had issues with back pain and experienced a workplace injury on your back from repeatedly bending up and down, the insurance company might deny the claim.
3. You Have Other Benefits
If you have disabilities, you’ll find that the workers’ compensation you receive and your Social Security Disability Insurance (DI) will interact with each other in unexpected ways. For instance, some workers may experience their government benefits minimizing as they receive workers’ compensation.
Work injury lawyers will help you minimize the deductions your SSDI benefits take and help you understand how your benefits interact.
4. Huge Medical Bills
If you’ve suffered a serious injury, you may find that even with your insurance payout you’re still having trouble paying your medical bills to recover from your injury. Unfortunately, this is an all too common issue with one in five Americans struggling with medical debt from 2003 to 2010. Workplace injury lawyers will be able to review your case and see if there’s anything they can do to increase your payout.
5. Permanent Disability Benefits
Depending on the injury, it may take you months or even years to heal. You may find that you’re not able to work or live in the same capacity. If this is the case, you could be eligible for permanent disability benefits. In these cases, you’ll need both your doctor and the insurance company to agree on the same permanent disability rating.
This can be a complicated process that requires following-up with both sides and keeping track of all your medical records during the process. A workplace accident lawyer will help lighten the load by acting as the mediator so you can receive the benefits you need.
6. Third-Party Claims
Another important reason you may need to hire a workplace accident lawyer is because of third-party claims. This means that along with your employer, you may be able to have a claim against another party as well.
These claims can become complicated because they often require proof that the other party was negligent. They can arise from:
- Motor vehicle accidents
- Machinery or equipment malfunctioning
- Property hazards
- Subcontractor negligence
It takes broad knowledge of OSHA guidelines as well as how certain workplaces are organized in order to determine who’s accountable.
Hiring a Workplace Accident Lawyer for Your Peace of Mind
Hiring a workplace accident lawyer is invaluable when you have more complicated third-party claims when you feel you’re not receiving the payout you need for your medical bills, or if your claim has been outright denied by the insurance company. Lawyers use their knowledge, organization, and experience in order to fight for you and obtain the peace of mind and monetary benefits you deserve.
Ready to make the jump and find some peace of mind for the claim that you deserve? EMR Law Office fights for you. Contact us today for a free consultation for anything from personal injury cases, third party negligence, and more.