When you suffer injury or illness caused by the work you do, you may wonder if you can represent yourself in a workers’ compensation claim. Or, do you need a work accident lawyer? There are multiple factors involved in answering this question. But some people can represent themselves, while others need help from an experienced attorney. When in doubt, it is always best to consult with a workers’ compensation lawyer to make your decision.
Workers’ Compensation Claims In Which You Can Represent Yourself
You do not have to represent yourself in workers’ compensation claims of any type or size. You can consult with a work accident lawyer to help you understand your rights and how they can help you. Through a case consultation, the lawyer can identify potential problems with your claim that you did not see before. They can also discuss some of the struggles you may face if handling the filing on your own. But if you want to represent yourself, below are some scenarios in which that is possible.
If all of these statements apply to your case, you can likely represent yourself:
- Your workplace injury was minor, such as a small cut only requiring a couple of stitches
- Your employer acknowledges the injury occurred on-the-job
- You will not miss work after your injury
- You do not have any pre-existing injuries or conditions on the same body part injured on-the-job
When to Hire a Work Accident Lawyer
The more complex your work accident case, the more likely you are to need a work accident lawyer. Below are some scenarios in which you should call a workers’ compensation lawyer for help.
- Your employer does not admit your injury happened on the job, they deny your claim or do not pay your benefits right away. Many employers and insurers believe that if they reject workers’ compensation claims, self-represented employees will not appeal the decision.
- Your employer settles for a low amount not covering all of your medical bills or lost wages. A work accident lawyer works hard to achieve the best settlement possible.
- You cannot return to your old job because of your injuries, you have limitations to what you can do at work, or you are unable to work at all. A work accident lawyer helps injured workers receive the partial or total disability compensation they are owed for lost wages.
- You need to apply for Social Security disability benefits. A work accident lawyer knows how draft a settlement agreement to avoid a reduction in Social Security disability payments because of the workers’ comp benefits paid to you.
- Your boss retaliates for your workers’ compensation claim. They fire you, demote you, reduce your hours, reduce your salary or otherwise engage in other discriminatory acts. A work accident lawyer safeguards your rights.
- A third party is to blame for your injury or the injury occurred because of your employer’s negligence. Although California workers’ compensation is designed to prevent civil lawsuits, there are still some cases in which you can sue. Such circumstances include injuries caused by someone other than your employer. Your work accident lawyer can explain other circumstances like this and will file a lawsuit for you when warranted.
How a Workers’ Compensation Lawyer Helps You
Besides ensuring you file all of your workers’ compensation claim forms on time, your work accident lawyer also gathers evidence for your case. They negotiate with your employer’s insurance company and draft a settlement agreement. If the insurance company refuses to provide a positive settlement amount, your lawyer will take the case to court for you.
Of course, your lawyer consults with you each step of the way through your workers’ compensation claim process. They explain the nuances of these circumstances and advising you toward informed decisions. Having a lawyer takes much of the stress off of your shoulders after a workplace injury, enabling you to focus on your recovery.
Start with a Free Case Consultation
The best way to decide whether you need a work accident lawyer is to schedule a free case consultation with one. The attorneys of Kesh Law are pleased to provide a case consultation to help you understand your options for filing your claim. It is important to remember that the insurance companies have their own lawyers, whether you hire one for yourself or not. In addition, hiring a workers’ compensation attorney does not cost you anything upfront. The lawyer is only paid a slight percentage of the settlement amount you receive or the amount awarded at trial.
Before filing your workers’ compensation claim, explore your options by talking to a work accident lawyer at Kesh Law. We want to help you achieve the best possible outcome in your case. Call us at (818) 639-3955 or fill out our online consultation request form today.
