Workers Compensation Attorney
A workers compensation attorney is a lawyer that assists parties in filing a worker’s compensation claim or evaluates a worker’s cases whether a claim should be paid. The workers compensation lawyer would also represent their clients during a hearing before the court or the administrative board whichever applies. Worker’s compensation is available in all states; it is a compulsory system that protects workers in cases of injuries during the time of work. Worker’s compensation is an alternative to a sort of litigation. And under its rules of strict liability, the employer is required to make certain payments in almost all cases relating to work injuries.
All employers are required to have a worker’s compensation insurance that is based on the number of employees that they have. The rules and regulation may vary depending on the state government, however in most states if a business has one full time employee, you will be required to have a worker’s compensation insurance, and this insurance would be the one to pay any claims filed by workers. If one employee is injured during the time of employment, his or her financial recovery will be limited to the worker’s compensation. This means that he or she would not be able to sue his employer to recover from damages caused by the accident that occurred in the work place. However in some situations wherein the employer intentionally injured his employee, the state would determine the extent of the money that the complainant would receive.
The recovery under the worker’s compensation system would typically include medical bills and lost wages. The complainant may also file for short or long term disability payments and some other benefits that will be based on the nature of the accident or the injury suffered. The family of the worker will also receive death benefits in cases wherein the injured employee dies as a result of the accident. Again, the requirements may vary according to states, but in most cases there will be applicable strict policies that must be followed. When filing for a worker’s compensation claim, the employee would need a worker’s compensation attorney who will help him file the required paper works and who will ensure that the process will be processed accordingly. This workers compensation attorney will also help the claimant whether his petition should be approved or denied.
The moment that the worker’s compensation claim has been filed, the insurer must take actions whether to deny the claim or approve it. If for any reason the claim is denied, the workers compensation attorney can represent the injured worker in an appeal. Appeals such as these are usually heard by the state workers compensation agency. The worker compensation attorney will appear in front of the agency to represent the injured employee or the employer in the appeals hearing.
Choosing the Right Workers Compensation Attorney
Generally, you would have to determine whether the workers compensation attorney represents the employee, the employer or the insurance company. But as a matter of fact, the number of lawyers representing employees is definitely more than those that represent companies and/or insurance companies.
The next thing to do is to ask the lawyer for the retainer agreement. Most of often than not, the workers compensation attorney would sit down and discuss the agreement with their clients. Certain attorney’s fee is applicable if they win the case, you would also be charged with other fess such as expenses during collection of medical records, expert witnesses, legal research, photocopies of documents and court appearance. Be sure to ask your legal attorney for these charges beforehand.
It is also imperative that you choose a lawyer that has years of experience in this field. To assess his experience, you can ask about the firm and research on them before hiring to ensure that he or she will have enough knowledge that will help you in winning the case. In addition, you should assess the way your lawyer initially assess your case; some lawyers may seem distracted when talking to clients because they simply have too many cases at hand. If you ask him or her about legal matters and he or she doesn’t seem to know much about worker compensation, then you better change your mind about hiring such a lawyer or take the chance to risk your case. If the lawyer shows you rudeness or have made unprofessional actions, let it go, find another firm because in most cases, the lawyers who care are the ones who usually win.