4 Times to Hire a Law Firm in a Workers Comp Case

Not every workers' compensation case calls for you to hire a law firm. However, there are times when you'll want to have a workers' compensation lawyer by your side. Folks who are unsure about whether to retain counsel should consider it in these four situations.

Your Claim Was Rejected

The most obvious reason to hire a lawyer is that the officer reviewing your claim rejected it. You'll have the opportunity to appeal the finding, but that means going to an administrative hearing. At the hearing, you'll need to tell a judge why you believe the denial was wrong.

Make copies of all the documents from your case. This starts with the initial paperwork you submit, and it should also include anything the government sends to you in response to the claim.

You're Filing as a Contract Worker

Some employers deliberately mislabel people as contract workers. They do this because they think it will get them out of paying workers' compensation insurance. However, a mislabeled worker has the right to pursue compensation.

What makes a contract worker eligible? Generally, the work has to be similar to regular employment. Foremost, your work should require you to show up on a schedule. Likewise, you wouldn't have had the right to refuse assignments. If both of those were true, then you should have been treated as an employee. Also, your employer should have been paying into workers' compensation insurance.

Your Employer Lied

Another situation that calls for a workers' compensation lawyer is when an employer lies about a claim. For example, they might assert you only worked 10 hours a week rather than 40. You'll have to prove to an administrative judge that the employer lied. Make copies of communications about hours. If you have pay stubs or checks, make copies of them. The goal is to show that the employer fudged the information to avoid a larger compensation claim.

The Compensation Was Low

The office processing your claim may grant it while also setting the compensation at too low of a level. These can be tough cases because they involve questioning the government's judgment. Your workers' compensation lawyer will need to closely examine the reasoning in the acceptance letter to determine how to even argue the case. They will then also have to provide evidence or case law that shows the original determination was faulty. It's not impossible, but it takes a lot to ask a judge to overturn the government's initial opinion.


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