Filing a workers’ compensation claim: Is a lawyer worth your time?
In Virginia, employers are mandatorily required to have workers’ compensation insurance. All eligible workers can claim benefits after a workplace injury, provided that the injury is related to the job. Like any injured worker in a similar situation, you are probably wondering whether you should get legal advice before filing your workers’ compensation claim. The answer depends on your circumstances and the nature of your injury. Here is an overview for your help.
When you can manage without a lawyer
Just because you were injured at work doesn’t mean you have to hire an attorney. There are some circumstances when you may manage to get workers’ compensation benefits on your own. You may manage to file and get what’s due if –
- Your work injury is a minor one
- Your time off work isn’t significant enough
- You can recover from the injuries without future consequences
- When hiring an attorney is almost necessary
Not all workers’ compensation claims are the same. Some circumstances are unique, and if the insurance company believes that your claim could be a huge loss to them, they may do what it takes to deny it. Call an attorney right away if –
- Your workers’ compensation claim has been denied
- You don’t know what benefits you are entitled to
- You have suffered a permanent or temporary disability
- Your injury may prevent you from getting back to work
- You have pre-existing injuries or disabilities
- You have a 3rd party claim
- Your injury requires invasive or risky surgeries
- Attorneys are always useful
Most attorneys who handle workers’ compensation cases often have a busy schedule, but their offices usually provide free consultations. You can talk to the paralegals to know whether you are going in the right direction. While the insurance company has its own interests, the law prevents the Commission from advising injured workers or informing them that they are missing out on benefits. Also, attorneys don’t charge a fixed fee or an hourly rate for workers’ compensation claims. They get a share of the benefits, which is only when you win. If your claim has been denied and there is no room for mediation, you may have to head for a hearing before the Commission, and without an attorney, you could be on your own.
Check online now to find more about workers’ compensation lawyers near you, and don’t shy away from asking relevant questions that may have an impact on the outcome.
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