When Should I Hire a Worker’s Compensation Lawyer

Most drivers would prefer to handle things between them and the company and not get a lawyer involved, but there are certainly times when you should seriously consider hiring a lawyer.  As a general principle, you should consider hiring a lawyer unless:

• You know which states you have a right to file a worker’s compensation case;
• You know what your rights are and what the company’s rights are under that state’s worker’s compensation system;
• You understand all of the medical issues involved in your case; and
• You know how to move your case through the worker’s compensation system of that state AND have the time, energy, and resources to do so.

If not, as a general principle, it may be a wise idea to get a lawyer to protect your rights.  Beyond that, it is also a wise idea to hire an attorney to help you with your worker’s compensation case if any of the following things happen or are true:

• You are an owner-operator;
• There is someone else to blame for your accident besides your employer or a co-worker;
• The insurance company denies any part of your claim;
• You may have the right to file your worker’s compensation claim in more than one state;
• You have serious injuries;
• You have a repetitive trauma injury;
• A nurse case manager is assigned to your case;
• You are being sent for an independent medical examination by the insurance company;
• The amount of your benefits is being disputed;
• Your benefits checks or medical bills are not being paid in a timely fashion;
• You have gone back to work and no settlement offer is being extended to you;
• You have more than one job;
• There is discussion about a Medicare set-aside

Any one of these things may be a sign that there are complex issues with your case where you may be well-served hiring a well-qualified worker’s compensation lawyer or that your case is headed for problems, in which case you may need a lawyer to protect your rights.