5 Signs That You Need a Lawyer After a Workplace Injury

 Posted on February 22, 2022 in Workers' Compensation

After a workplace injury, you may be unsure whether you can handle your workers’ compensation claim yourself. In most cases, it is a good idea to at least speak with an attorney who can evaluate your case and give you an educated estimate of what your claim is worth. Most injured workers could benefit from a little help - the claims process can be difficult and legally complex, especially if you are faced with a permanent disability. An experienced attorney can step in and advocate for you to help ensure that you receive all the compensation you need. 

When Do I Need an Attorney to Help With my Workers’ Compensation Claim?

If your claim is uncomplicated, your employer is fair, and you are able to return to work quickly, you may be able to handle it yourself. If you are faced with any of these situations, it may be in your best interest to be represented by counsel during the claims process: 

• Claim denied - If your rightful claim gets rejected and you are denied workers’ compensation, you will need to file an appeal. Appealing these decisions can be complicated. Some unscrupulous employers routinely deny claims under the assumption that workers will not be able to appeal. A qualified attorney can prove them wrong. Further, enlisting a lawyer and appealing may discourage your employer from doing the same thing to others in the future. 

• Lasting disability - If your injury leaves you unable to do the things you used to or will prevent you from returning to your job, there is too much at stake to risk handling the case yourself. Your employer or their insurance company may try to avoid paying you what your claim is worth. An attorney can help calculate the amount of compensation you deserve and push back.

• Lowball offers - You may be offered a settlement that sounds good at first, but ultimately will not fully cover your medical bills and lost wages. If you have ever had a car accident another driver was at fault for, you may be familiar with the type of lowball settlements initially offered by insurance companies. 

• Third-party caused the injury - If you were hurt at work, but someone outside your company caused the injury, you might have a claim against that third party. For example, if you were working near a roadway and got hit by a car, you might want to contact a lawyer and pursue a claim against the driver.

After your claim has been settled, there is a chance that your employer might unlawfully retaliate against you. If your hours get cut, you get demoted to a lower-paid position you are overqualified for, or you simply get fired without a good reason, this could be retaliation for your claim. In this case, a qualified lawyer who knows exactly what rights you have may be able to help. 

Call a Kane County Workers’ Compensation Lawyer

Kinnally Flaherty Krentz Loran Hodge & Masur P.C. represents workers who were injured on the job and need compensation. Our experienced Aurora workers’ compensation attorneys are skilled at combating unfair practices surrounding complex workers' compensation claims. Call 630-907-0909 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68