If you have recently been injured on the job, you may find yourself wondering whether or not you should hire a workers' compensation lawyer to help with your claim. While each workers' compensation case is unique, taking the time to answer the questions below can help you to determine whether or not your claim could benefit from the services of an attorney.
Are you expected to be permanently disabled due to your accident?
If your injuries were relatively minor and are expected to be fully resolved in a short period of time, settling your workers' compensation claim directly with the insurance company will likely be your best option. However, if your injuries are expected to leave you either partially or fully disabled either for a significant period of time or for the rest of your life, the process of calculating how much compensation you are entitled to becomes far more complex. This is because your benefits will be based on how much you were earning prior to the accident and the percentage you are expected to be disabled once you have recovered as much as medically possible. In complex cases such as these, the services of a workers' compensation lawyer can prove incredibly beneficial.
Is the insurance company attempting to reduce your payment based on fault?
Workers' compensation insurance is what is known as no-fault insurance. What this means is that, even if you are found to be partially or fully at fault for the accident that caused your injuries, you are still entitled to collect insurance benefits under this system. However, the insurance company can reduce the amount of your benefits based on your degree of fault if you were injured as a result of your refusal to follow reasonable safety protocols posted by your employer. If the insurance company is attempting to reduce your payment based on fault and you disagree with this finding of fault, you will want to consult a workers' compensation lawyer.
Does your case involve injuries caused by repetitive motions?
In addition to covering injuries that result from a singular incident, workers' compensation insurance also covers injuries that occur over time as a result of performing your job duties. For instance, if you develop carpal tunnel syndrome as a result of the repetitive motion that comes along with your job of data entry, you could be entitled to compensation for this workplace injury. However, in order to receive compensation in these cases, you will need to demonstrate that your condition is the direct result of performing your job duties and not activities that you participate in on your off time. An experienced workers' compensation attorney can be a wonderful asset to have on your side when filing this type of workers' compensation claim.