What happens when using a lawyer for a workers’ compensation claim?
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What happens when using a lawyer for a workers’ compensation claim?
If you have been injured in a workplace accident, you may be able to obtain workers’ compensation benefits to help you cover your medical expenses. Workers’ comp benefits can also provide you with temporary disability wages (70 percent of your wages) up to a maximum amount while you cannot work due to your injury.
Most injured workers end up seeking the assistance of a dedicated workers’ compensation lawyer to help them through the process. When you hire a lawyer for your workers’ compensation claim, the lawyer will handle almost every aspect of the case.
Every workers’ compensation claim is different, and how a lawyer handles a claim will depend on the specifics of your job and your injuries. Once you decide on a workers’ compensation lawyer, they will do the following:
Gather evidence of your claim
One of the most important aspects of an attorney’s job is helping to establish that your injuries occurred while performing your job duties. In some cases, this is straightforward; however, that is not always the case. For example, if you developed a repetitive-use injury, such as a torn rotator cuff, your employer (or their insurance carrier) may argue that your injury was caused by factors other than your work duties.
A lawyer will diligently investigate your claim to create a compelling case for benefits eligibility. This includes obtaining work and medical records, as well as meeting with any important witnesses. In some cases, an injured worker will need to be seen by another physician to get an expert opinion about the causes of their injury and treatment outcomes. A workers’ compensation lawyer will have a network of physicians that can help create a successful claim.
Negotiate a favorable settlement offer
The workers’ compensation program is insurance-based. Under New Jersey state law, employers are required to purchase workers’ compensation insurance, and when an injured employee files a workers’ comp claim, the insurance company is generally responsible for paying benefits. Dealing with an insurance company can be frustrating, especially when the company denies a claim, denies treatment, or only offers a minor settlement.
Workers’ compensation lawyers are knowledgeable in the state’s workers’ compensation laws and are skilled negotiators by trade. An insurance company may hope to take advantage of an injured worker. By working with an experienced New Jersey workers’ comp attorney, injured workers can rest assured, knowing that their claim is being expertly handled and that they will not be taken advantage of by the insurance company.
Appear at a workers’ compensation hearing
While most workers’ comp claims are settled, that is not always the case. If your employer or their insurance company refuses to approve your claim or offers an inadequate settlement agreement, the case may proceed to a hearing in front of a workers’ compensation judge. In the hearing, the judge will hear evidence from both sides and determine if the worker is entitled to benefits. At the hearing, a lawyer may call witnesses, establishing the validity of the injured worker’s claim. An attorney will also cross-examine any witnesses called by the insurance company.
Look into third-party personal injury claims
A workers’ comp claim is one way an injured worker can obtain compensation after a workplace accident. The other way is through a third-party personal injury claim. A third-party personal injury claim involves filing a lawsuit against someone other than your employer who was responsible for your injuries. Looking into third-party injury claims is important, as these can provide workers with additional damages, including pain and suffering. A dedicated workers’ compensation lawyer can identify all potentially liable parties to determine if you have a case against any other parties.
Other Workers’ Compensation FAQs:
- Am I allowed to choose my doctors for my workplace injury in New Jersey?
- Am I eligible for workers’ compensation if I am hurt while working from home in New Jersey?
- Are longshore workers eligible for workers’ compensation in New Jersey?
- Are minors injured in a work-related accident eligible to receive workers’ compensation benefits in New Jersey?
- Can a workers’ compensation lawyer help me obtain benefits and a settlement award?
- Can I reopen my workers’ compensation case?
- Do I need a doctor’s approval to return to work?
- How does a workers’ compensation lawyer get paid if the injured worker is totally disabled in New Jersey?
- How does a workers’ compensation lawyer get paid?
- How much do workers’ compensation lawyers charge in New Jersey?
- How much does a lawyer make off of a workers’ compensation claim?
- How much does a workers’ compensation lawyer charge in New Jersey?
- If my spouse or parent dies due to a work-related injury or illness in New Jersey, am I entitled to any death benefits?
- Is my injury considered a permanent partial disability?
- Since I cannot perform the job I did before the injury, can I return to work in a different capacity, and how would that impact future compensation?
- The workers’ compensation doctor has released me for light duty work, but my employer told me there is no light duty work available. What should I do?
- What do I do if I get into a New Jersey car accident while working?
- What does a workers’ compensation lawyer do for you?
- What does a workers’ compensation lawyer do?
- What does a workers’ compensation lawyer need to know?
- What does AWW mean under workers’ comp? (Average Weekly Wage)
- What does FCE mean under workers’ comp? (Functional Capacity Evaluation)
- What does IME mean in workers’ comp? (Independent Medical Examination)
- What does MMI mean in workers’ comp? (Maximum Medical Improvement)
- What does PPD mean in workers’ comp? (Permanent Partial Disability)
- What does TTD mean in workers’ comp? (Temporary Total Disability)
- What happens when using a lawyer for a workers’ compensation claim?
- What happens when you get a workers’ compensation lawyer?
- What is a workers’ compensation lawyer?
- What kind of information does a workers’ compensation lawyer need from you?
- What to do if your Employer will not report your New Jersey Accident to the Workers’ Compensation Carrier?
- What to expect in your free consultation with a workers’ compensation lawyer?
- What type of documents do I need to sign to allow my workers’ compensation lawyer to accept my settlement?
- What will a New Jersey workers’ compensation attorney do for me?
- What workers’ comp benefits can I receive if I’m unable to work or return to work?
- When do I need a New Jersey workers’ compensation lawyer?
- When do workers’ compensation payments stop?
- When to get a lawyer for TBI workers’ compensation?
- When to get a workers’ compensation lawyer?
- While I was out of work as a result of a work-related injury my employer terminated me. Is this legal?
- Why do I need a lawyer to file a workers’ compensation claim?
- Why do I need a lawyer to file for New Jersey workers’ compensation?
- Why should I have a workers’ compensation lawyer?
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