Workers’ compensation benefits are designed to provide you with the medical treatment you need to recover from your work-related injury or illness, partially replace the wages you lose while you are recovering, and help you return to work. Workers’ compensation benefits do not include payments for pain and suffering or punitive damages.

Whether you need an attorney to represent you after you are injured depends on several factors.

If any of the following are true, you may want to consider retaining an attorney as soon as possible:

• Your workplace injuries are severe enough to require surgery.

• If you and your doctor believe your health won’t return to its condition before your injury. You may be entitled to a “permanent partial disability” award.

• You believe you are no longer able to work regularly in any job.

• You believe you cannot go back to work at your current job, but believe you could work in some capacity.

• You have significant pre-existing disabilities or injuries.

• You would like to dispute an adverse decision made by your employer, your employer’s insurance company, or your state’s workers’ compensation division regarding your workers’ compensation claim.

• You believe you are not receiving the correct benefits or wonder if there are additional benefits you could receive.

• Your medical benefits are denied.

• You do not understand the workers’ compensation process and feel more comfortable if an attorney represents your interests.

Regardless of your workers’ compensation claim circumstances, you are entitled to obtain an attorney. Suppose your injuries are severe enough that your life will be permanently altered, either because of permanent bodily impairment or a change inability to work. In that case, a lawyer will be able to advocate on your behalf to ensure that you receive the medical care and workers’ compensation benefits you are entitled to. In addition, if your injury keeps you from working permanently, a lawyer can advise you about filing for Social Security disability benefits as well.

If any aspect of your claim is in dispute with your employer, or your employer’s insurance company, you need to obtain an attorney.

If you are confused about the claim process and/or have questions, call us for a free consultation.

You must complete the claim form which can be found here.

Filing a claim form protects your rights and starts the workers’ compensation process. Your employer must give or mail you a claim form within one working day after learning about your injury or illness.

Your employer should fill out the “employer” section and forward the completed claim form to the insurance company. You should receive a copy of the completed claim form from your employer. If you don’t, request a copy and keep it for your records. Generally, the insurance company has 14 days to mail you a letter telling you the status of your claim.

You should hear whether your claim is accepted or denied from your employer or its claims administrator within 90 days from the date the completed claim form is given to your employer.

When a claim is denied, it means the claims administrator believes your injury is not covered by workers’ compensation. If the claims administrator sends you a letter denying your claim, you have a right to challenge the decision. Don’t delay, because there are deadlines for filing the necessary papers.

Each case will be different in terms of compensation. Please call us for a free consultation for your case.

We work with you to help you understand the costs involved in retaining an attorney for your case. Before dismissing the possibility of representation, please call us for a free consultation.