Experts Speak

Understanding the Main Duties of a Workers’ Compensation Lawyer

One of the main responsibilities of employers is to create a safe working environment for their workers to prevent risks related to health. 

However, despite all the safety precautions managers take, accidents and injuries can still happen in the workplace, making employees feel frustrated, anxious, and unsure about their future. Not only will they sustain physical injuries that will prevent them from completing their work tasks, but the accidents can further cause serious financial problems in their households.

In this case, it is best that you seek legal guidance from a reputable workers comp lawyer to help you get the compensation you deserve following a work accident or injury. This person will provide you with the financial relief and support you need so you don’t have to worry about your future or your family.

To help you gain a better understanding of the benefits of hiring a workers’ compensation lawyer, here is a brief description of this type of attorney’s main duties.

Guides their clients through the process

The greatest benefit you get from hiring a workers comp lawyer is that they will provide you with legal assistance and guidance in your case. They know all the laws, rules, and regulations regarding the matter and will do their best to help you obtain the compensation you deserve after getting involved in an accident at work or sustaining injuries.

Generally speaking, you should hire an attorney immediately after your injury. This early involvement allows your lawyer to take proactive measures to protect your rights and develop the best possible case. 

Gathers evidence regarding their client’s case

Similar to other legal matters, there is plenty of paperwork involved in workers comp cases. Due to the abundance and complexity of the various documents necessary for maximizing the benefits you can receive, it is best that you turn to a reliable workers comp lawyer to help you gather all paperwork you need. This mainly involves collecting and developing medical, vocational, and other evidence that can help you win your case. 

For instance, a lack of relevant and sufficient medical evidence can negatively affect your claim and may be the biggest reason for turning down your workers’ compensation petition. 

Negotiates a settlement

In addition to gathering evidence, the next most important duty of a professional and trustworthy workers comp lawyer is to negotiate the best settlement for you with your employer’s insurance company. Your attorney can do an approximate calculation of how much you are likely to receive as compensation for the damages and injuries based on several factors, including:

  • The severity of your injuries and resulting limitations in what you can do;
  • Your medical expenses and treatment you will need in the future;
  • Whether you have lasting impairments or permanent disabilities;
  • Whether your employer owes you for past disabilities;
  • Your previous wages.

Represents their client in court

Unfortunately, some workers’ comp cases don’t settle after peaceful negotiations with employers and their insurance companies. In this case, there is a great possibility that your case will be taken to court and undergo several proceedings and trials to come to a verdict that benefits all parties. 

Because these proceedings can easily get complicated, it is best that you leave it up to your lawyer to attend them on your behalf and represent your interest in court. They will provide evidence that supports your petition to get compensation and also call up witnesses throughout the trial period that can help you win your case. 

Assists you in appealing your case

If you are being forced to appeal your petition for damages, then seeking legal assistance from a workers’ comp lawyer can assist you in the process. Although this requires lots of effort, financial resources, and time to appeal the denials, it doesn’t mean it will make it harder for you to get the compensation you deserve.

In general, your attorney can help you with your appeal in two ways. The first one is if your petition goes to trial, and the other one is when submitting your appeal for damages and ensuring all requirements are met properly. 

Final thoughts

If you get into an accident at work or sustain physical injuries while doing your job, it is essential that you seek advice from a professional workers’ comp lawyer to help you obtain the compensation you deserve. This person can guide you every step of the way and provide you with the right information and support you need to receive the maximum benefits. 

For more information, refer to our post and learn of the many duties of workers’ comp attorneys and how they can help you with your case. 

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by Sushree Swagatika
  1. It’s great that you talked about how the greatest benefit you could get from hiring a workers compensation lawyer is that they could provide their clients with legal assistance and guidance in the case. I was skimming through my friend’s law book earlier and I saw one paragraph that talked a bit about workers compensation claims, which got me a bit interested in it. It seems like a pretty complex looking case, so I figure a lawyer is probably a must.

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