If you have a workersโ comp claim or suspect that you do, it is critical that you know when to hire a workers comp lawyer. Since lawyers typically wonโt charge you any fees unless you win, it’s important to at least get a free consultation to decide whether your workers’ comp case is worth pursuing.
Krasno, Krasno & Onwudijno, for example, offers free case evaluations for workers who contact us by phone or online chat. We also don’t charge any fees until we win.
It’s important to note that aย workersโ compensation claimย can be filed for almost any work-related injury.
Some of the most workplace injuries common include:
- Slip and fall injuries
- Heavy lifting injuries (back injuries, etc.)
- Repetitive strain injuries
- Carย accident injuries
- Injuries caused by equipment malfunctions
If your injury requires surgery or affects your ability to work for a significant length of time, you should immediately hire a workersโ compย attorney who can help you get compensation for medical expenses and lost wages.
Even if youโre on the fence about the whole thing, itโs worth just getting a lawyerโs perspective on your case. Again, case evaluations from reputable workers’ comp attorneys are usually free.
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When Should You Hire a Workersโ Comp Attorney?
The best time to hire a workersโ compensation attorney is immediately after you get injured. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.
Before doing anything else related to getting your workersโ compensation benefits, you should seek medical treatment as soon as possible. Itโs recommended that you do so, even if your work injury is relatively minor. This is because you may aggravate your condition if you continue to work, risking further injury.
In terms of your workersโ compensation claim, you must keep in mind that Pennsylvania has a strict statute of limitations, under which you must get treatment from a doctor on your employerโs list of medical providers in a timely manner.
You Must Notify Your Employer About Your Injury
When you seek medical attention, this is the ideal time to formally notify your employer about your injury. Keep in mind that Pennsylvaniaโs statute of limitations mandates that you have 120 days to do so.
After this, you have up to three years to file for workersโ compensation. Failure to file within this window of time can result in you forfeiting your claim. However, itโs vital that you considerย whether you need a workersโ comp lawyerย well before the deadlines set in the statute of limitations.
Is A Workersโ Compensation Lawyer Necessary?
There are certain situations and periods of time throughout the claims process in which itโll be necessary to be in close communication with your workersโ compensation attorney.
From negotiating with insurers to ensuring you get the maximum workers comp benefits youโre entitled to, it can be an overwhelming process to go through alone Fourstarters.
The following are two common circumstances that will require an attorney to advocate for you.
1. When You Need to Negotiate With Insurers
You will likely need to be in constant contact with your attorney if and when insurers push back on your claim. It doesnโt matter whether your employerโsย workersโ comp insuranceย is state-financed or privately funded. Both types of companies face the same pressure to make ends meet.
Workers’ compensation insurance companies generate profits by accepting premiums, and not paying out claims. Therefore, you can expect either type of insurer to resist your claim, either by attempting to minimize its value or by denying it altogether.
Resistance from an Insurance company does not need not be the final word on the matter. After all, you can attempt to reach aย compromise and release (C&R) agreement, which is a settlement for your workersโ compensation claim.
The problem for you is that the insurance companyโs lawyers will be experts in minimizing workersโ compensation claims and pressuring you to settle for less money than you need to cover lost wages and/or outstanding medical bills.
In order to get a fair settlement, it’s important you to have someone on your side who is equally skilled when it comes to negotiating and navigating the workers’ compensation system.
2. When You Have a Workersโ Comp Hearing
Workersโ compensation hearings may not always be necessary. However, if the insurance company wonโt settle or is only willing to make a minimal settlement offer, you will need to substantiate your claim and prove your case through a workersโ comp hearing.
Again, this situation will require the experience of a skilled negotiator. Unless you have a thorough understanding of workersโ compensation law and your rights as an injured worker, it is best to work with someone who has a thorough understanding of Pennsylvaniaโs court system if and when your claim requires a hearing.
When You Probably Donโt Need a Lawyer to Represent You
Before you call a workersโ compensation law firm, keep in mind that there may be a few circumstances that may not require formal representation by an attorney.
For instance, you probably donโt need a lawyer for workersโ comp to represent you in your claim if:
- You suffered only a minor injury with no complications
- You didnโt miss any work, or you were only off work for a few hours or a single day
- Your employer acknowledges the incident and that it happened at work
- You donโt have a pre-existing condition that could complicate your claim
In most cases, however, it’s still worth it to get a free case evaluation. The free legal advice you gain from it could greatly help your workers’ compensation case.
When to Get a Workers Comp Attorney For a Free Initial Case Evaluation
There isnโt a definitive moment after a work injury that signals when you need a lawyer for workersโ compensation.
However, you should make an initial call after your personal injury so that a lawyer can help determine your best course of action. An initial case evaluation can help you determine when to get a workersโ comp lawyer, and whether you should wait or perhaps even decline altogether.
The only way youโre going to know when to hire a workersโ comp lawyer is by letting one evaluate your claim.
Talk to The Workersโ Comp Lawyers at Krasno Krasno & Onwudinjo
There is a lot to consider if you are trying to decide when to hire a workersโ compensation attorney. From juggling bills from medical care to researching the timeline that determines when workersโ compensation benefits starts paying, it can be overwhelming for anyone.
This is especially true if youโre disabled because of a work injury or youโre facing a lengthy recovery.
To ensure you get the help and benefits you need, speak to one of our experiencedย workersโ compensation lawyers for an initial case evaluation, at no cost to you.
Remember that every second counts after a work injury, and putting off a claim or speaking to a lawyer can prevent you from getting the benefits you deserve. Our workers’ compensation attorneys are standing by. Call (844) 243-4823 or contact us via an online chat today.