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

By September 24, 2015Workers' Compensation

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.

Bighorn Staff

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