Do I Need a Lawyer to Get Workers’ Compensation Benefits?

Posted by | September 24, 2015 | Workers' Compensation | No Comments

Injuries in the workplace can be painful and traumatic. It’s even worse when you’re unsure if you’re going to need a lawyer for your workers’ compensation claim or not. Here’s some crucial information to help you determine when you might need a lawyer to help you pursue your compensation claim and when you can get away with not having one.

When you Need a Lawyer

It’s actually rather simple to determine if you need to look for a skilled and qualified workplace injury attorney. Reasons for a lawyer include, but are not limited to, the following:
• Workplace injuries so severe that surgery is required.
• Moderate to severe injuries that might result in partial disability or reduced capacity.
• Injuries that may preclude you from working on a regular basis in any capacity.
• Injuries that make it impossible to return to your original job but aren’t severe enough to preclude you from returning to work in some other capacity.
• Already having disabilities that existed previous to your workplace injury.
• The desire to dispute a decision made in the favor of your employer, their insurance company, or the workers’ compensation division for your state.
• The suspicion that your benefits are incorrect or that there may be additional benefits you may be entitled to.
• The denial of your medical benefits.
• A decision made by the workers’ compensation division for your state being disputed by your employer.
• Not feeling confident in the workers’ compensation process and wanting your interests to be represented by a professional expert in the field.

When an Attorney May Not be Necessary

There are plenty of instances in which you may not require a workers’ compensation attorney to represent your interests in the wake of an injury at work. If you’ve only been injured in such a way that the damage done has been minor, if you have an expectation to return to work at your original position within just a few days or weeks, and you don’t anticipate any permanent disability from your injuries, it’s unlikely that you’ll need a lawyer. For example, in Nevada the temporary partial disability threshold is whether you’ll be out of work for 5 days or less – or 90 days for temporary total disability.

However, if you’re not sure whether you need legal representation or not, there’s nothing stopping you from seeking out a reputable legal expert with experience in workplace injury. The vast majority of workers’ compensation attorneys will be happy to offer you a free consultation to listen to the particulars of your case before providing you a recommendation as to whether you’re going to need a lawyer in your corner or not. This is highly beneficial for anyone who’s unsure of their needs. A qualified attorney will be able to give you reliable legal advice as to whether you’re going to need help pursuing your claim, whether an appeal of a decision not in your favor is going to be successful or not, and whether your injuries simply don’t rise to the threshold of being serious enough for a lawyer.

For more information on Worker’s Compensation benefits, please see our Workers Compensation Resource Library.

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