Not all injured employees must hire a lawyer. If your claim is quite straightforward and not disputed by your employer or their insurance provider, you may be able to handle it on your own. However, the workers’ compensation process is not always that simple. Usually, you can benefit from the experience of a Newport News workers comp lawyer.
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Sometimes, you can also make a claim apart from workers’ comp and you need an attorney in this case. For instance, if you sustained an injury because of the intentional act of your employer, your attorney can sue them for a workplace injury in court.
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When You Need a Workers’ Comp Attorney
If you are in dispute with a workers’ comp insurance provider, you must think about hiring an attorney to represent you. You must collect evidence to challenge the position of the insurer. For this, you may need to take depositions, request an independent medical exam, and hire expert witnesses. This is something you may not be able to do if you do not have the necessary skill and knowledge. Here’s when you should have legal representation when making a workers’ comp claim:
- The insurer denied your claim. There are a lot of reasons insurance providers deny workers’ comp claims. For instance, they might claim you sustained non-work-related injuries or your claim was not filed on time. An attorney can help you appeal a denial.
- The insurance company does not agree with your permanent disability rating. Your permanent disability rating is used as a basis to calculate your permanent disability benefits. If the insurance provider disputes your rating, you may need to attend an independent medical exam with the insurer’s chosen doctor, who may assign you a lower rating. Your attorney can convince a judge of your eligibility for a higher rating.
- You suffer from a pre-existing condition. Suffering from a pre-existing injury on the same body part injured on the job can lead to an uphill battle with your employer’s insurer. The company will blame your pre-existing injury instead of your work activities. Your attorney will look for solid evidence to prove that your current injury is work-related and does not have to do with your pre-existing injury.
Is It Worth Hiring an Attorney?
Workers’ comp attorneys do not charge by the hour. Rather, they charge a contingency fee, which is a percentage of the benefits they can recover on your behalf. In Virginia, this is usually around 1/3 of the settlement.
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