Were you injured at work? Do you need a workers’ comp lawyer?
In most people’s minds, a workers’ comp claim is just a simple process. Fill out some paperwork, receive benefits and then go on living your life. Unfortunately…
The system is built to protect employers and their insurance companies, not you. Insurance companies know how to push every button and stop every lever to reduce your benefits as much as possible. And they do this because…
With 2.6 million workplace injuries reported in 2023, insurance companies have lots of experience denying and reducing benefits.
What you’ll learn:
- What Can A Workers’ Comp Lawyer Do?
- The Workers’ Comp System Isn’t Designed To Help You
- Why Insurance Companies Fight So Hard
- When You Actually Need a Workers’ Comp Lawyer
- How Workers’ Comp Lawyers Actually Help
- The Real Cost vs. Benefit Analysis
What Can A Workers’ Comp Lawyer Do?
Without proper legal advice, you’re at a disadvantage from the start. You’re up against well-trained insurance adjusters that know the rules better than you do. In fact, insurance companies are experts at reducing the value of your claim. This is where hiring a workers comp lawyer becomes your secret weapon.
The Workers’ Comp System Isn’t Designed To Help You
Do you think the workers’ compensation system is designed to help you when you get injured on the job?
Think again.
Insurance companies routinely:
- Delay medical treatment approvals
- Dispute injury severity
- Push for early closure of your claim
- Minimize the disability rating they assign you
- Challenge the notion that your injury was caused by work
But here’s the kicker…
Most injured workers have no idea they are being taken advantage of. So they take the first offer because they need the money to pay the bills, support their family, and live their lives.
That’s exactly what insurance companies want you to do.
And you can bet your insurance company is fighting tooth and nail to minimize the value of your claim.
Why Insurance Companies Fight So Hard
You want to know why insurance companies fight you tooth and nail when you file a workers’ comp claim?
Money. Lots and lots of it.
The national average workers’ compensation settlement is $44,179. The average workers’ compensation settlement for serious injuries involving motor vehicle crashes is $90,914 per claim.
Take those numbers, multiply them by the millions of claims filed annually and you can see why insurance companies are always looking for ways to cut down your payout.
That’s where a skilled workers’ comp lawyer makes all the difference.
A workers comp lawyer out of Fresno is trained and experienced in how insurance companies operate and they can level the playing field for you. They know which medical experts to contact, how to document your injuries, and what evidence is needed to support your claim.
When You Actually Need a Workers’ Comp Lawyer
Don’t be like most people that automatically assume they need a workers’ compensation lawyer. The truth is, not every claim requires legal representation. But there are a few specific scenarios where having an attorney becomes essential:
Your Claim Gets Denied
Claim denials are more common than you think. Insurance companies may deny your claim if they dispute that the injury happened at work, believe you have a pre-existing condition, question whether you’re actually injured, or you fail to meet paperwork deadlines.
A workers’ comp lawyer can help you appeal the denial and collect evidence to have the decision overturned.
Your Employer Retaliates
Retaliation is illegal, but it still happens. Some employers react to workers’ comp claims by cutting workers’ hours, subjecting them to a hostile environment, or threatening their job security. An attorney can help protect you from retaliation and preserve your rights.
You Face Long-Term Disability
Serious injuries change the whole ball game. If your injury impacts you for months or years to come, the stakes of your case become much higher. Long-term disability involves permanent disability ratings, long-term medical costs, loss of earning capacity, and vocational rehabilitation.
The difference between a good settlement and a great one could be hundreds of thousands of dollars.
The Insurance Company Offers a Settlement
If an insurance company offers to settle your case, it’s almost never in your best interest to take the offer. Insurance companies try to shut your case down for as little money as possible. Settlements are final. You sign the paperwork, take the money and that’s it. You can’t come back later if your condition worsens or additional expenses come up.
How Workers’ Comp Lawyers Actually Help
Think workers’ comp lawyers just file paperwork and sit in on hearings?
Not even close.
Quality workers’ compensation attorneys provide a comprehensive suite of services to injured workers.
Medical Treatment Coordination
Lawyers help ensure you get proper medical care. This includes connecting you to qualified physicians, helping insurance approve treatments, fighting denials, and obtaining documentation.
Evidence Gathering and Case Building
Compiling a strong case involves collecting evidence such as workplace reports, witness interviews, security camera footage, and medical records.
Negotiation and Settlement Strategy
This is where a workers’ comp lawyer really earns their fee. Skilled attorneys know what similar cases have settled for, how to present medical evidence effectively, and when to push for more money versus when to accept offers.
The Real Cost vs. Benefit Analysis
Worried about lawyer fees eating into your settlement?
Here’s what you need to know.
Workers’ compensation lawyers typically charge 10-15% of your final settlement on a contingency basis. In other words, you pay nothing upfront and only pay if you win.
But here’s the important part…
People with lawyers receive settlements that are double what people get without legal representation.
Let’s do the math:
- Settlement without a lawyer: $40,000
- Settlement with a lawyer: $80,000
- Lawyer fee (15%): $12,000
- Your net benefit: $68,000 vs. $40,000
That’s $28,000 more in your pocket after paying attorney fees.
Choosing The Right Workers’ Comp Attorney
Not all lawyers are created equal. When selecting a workers’ compensation attorney to represent you, look for specialization in workers’ comp law, local experience, a proven track record of success, and clear communication.
Avoid attorneys who make unrealistic guarantees or require upfront payment.
The Appeals Process Explained
When your initial claim gets denied, the battle is not over. The workers’ comp appeals process involves several stages:
- Informal Conference – First level review with insurance company
- Formal Hearing – Presentation of evidence before a judge
- Appeals Board Review – Higher level review of the decision
- Court Appeals – Final appeal option in the state court system
Each stage has strict deadlines and procedures. Miss a deadline or file the wrong paperwork and you forfeit your right to benefits forever.
That’s exactly when legal representation becomes crucial.
Medical Treatment and Second Opinions
Insurance companies will often try to control your medical treatment. This can include pushing you to see company-chosen doctors, limiting approved treatments, and trying to rush you back to work. Lawyers can help you get independent evaluations, second opinions from specialists, and approval for necessary treatments.
Return to Work Challenges
Returning to work after an injury is not always as simple as it sounds. You may face physical restrictions, need workplace accommodations, or suffer from reduced earning capacity. Attorneys can help you navigate these issues by negotiating with employers and protecting your rights.
Breaking Down the Numbers
Workers’ comp lawyers play a crucial role in protecting the rights of injured workers and ensuring they get fair compensation. The complicated nature of workers’ comp law makes attorneys a valuable ally for serious injuries, claim denials, and settlement negotiations.
Remember the key stats:
People with legal representation receive settlements double what people without legal representation receive. With 2.6 million workplace injuries each year and the average settlement being $44,179 nationwide, the financial stakes of your case are too high to try and do serious cases on your own.
The contingency fee structure means you risk nothing by consulting a qualified workers’ compensation attorney. If they can’t help you get more benefits, you don’t pay anything.
When your livelihood and future are on the line, professional legal guidance isn’t just a nice to have, it’s essential.