Worker’s compensation is a specific area of law that deals with the rights and benefits of employees who get hurt or sick because of their job.

In most cases, if you are injured, you can’t sue your employer because state laws limit personal injury claims against them. 

A worker’s compensation attorney specializes in this field and helps either the injured worker or the employer during the claim process. 

Their main job is to ensure the injured worker gets all the benefits they are entitled to under the law.

However, the information here can help anyone with a workers’ compensation claim understand the process and what their lawyer will do for them.

Why Do You Need a Worker’s Compensation Lawyer?

After a workplace accident, you may have legal questions like:

  • How do I file a workers’ compensation claim?
  • How do workers’ comp cases work?
  • What does a workers’ comp lawyer do?
  • Do I need a workers’ comp lawyer?

A skilled workers’ comp attorney can help people injured or sickened on the job get the full benefits they deserve.

Each year, millions of workers file workers’ compensation claims to cover medical bills, lost wages, and pain and suffering.

Some people can easily handle the process of getting compensation after a workplace injury. 

However, many others face challenges, as their employer and the insurance company may try to avoid paying. 

This is why having a workers’ compensation lawyer can be very helpful for injured employees during the claims process.

How an Experienced Workers’ Compensation Attorney Can Help Resolve Your Claim?

If you get hurt at work, here’s what you should do:

Tell Your Boss: 

Let your employer know about the injury as soon as possible. They need to fill out an incident report.

Incident Report Details: 

The report should include:

  • Where the accident happened
  • Who saw it happen
  • The date and time of the accident
  • What caused the accident

See a Doctor: 

Get medical help right away. If you’re filing a workers’ compensation claim, you might need to see a doctor chosen by your employer.

Which On-the-Job Injuries Can a Workers’ Compensation Law Firm Handle?

A workman comp lawyer can help handle various types of injury claims. Common workplace injuries include:

  • Broken bones
  • Brain injuries
  • Spine injuries
  • Muscle injuries
  • Head injuries
  • Hearing loss
  • Chemical exposure (which can lead to cancer or mesothelioma)
  • Electric shocks

Your employer is responsible for making sure the workplace is safe. Many injuries could have been prevented with proper safety measures and training from the employer.

When Do You Need a Legal Lawyer?

Deciding if you need a lawyer depends on how your employer and their insurance company handle your claim. Look out for these warning signs:

Denial of the Accident: 

If your employer says the accident didn’t happen at work, especially if the injury took time to show up or was caused by long-term chemical exposure, you might need a lawyer.

Dispute Over Permanent Disabilities: 

If you have a serious disability that keeps you from returning to work, insurance companies might challenge your claim because of the high costs.

Delays in Your Claim: 

If your employer is delaying your claim or not processing it quickly (it should be done in about 30 days), it’s a red flag.

Claim Denied: 

If the insurance company denies your claim, you’ll need a lawyer to help you fight it.

If you’re unsure or feel like your employer isn’t treating you fairly, contact workers comp lawyers for a free consultation.

Who is Eligible for a Worker’s Compensation Claims?

Whether you can get workers’ compensation usually depends on two things: if you’re an employee and if the injury happened because of your job.

Employee Status: 

You need to be an employee of a company that has workers’ compensation insurance. This includes full-time, part-time, and seasonal workers. 

Some jobs, like domestic workers (maids, nannies) or part-time home maintenance workers, might not be covered by workers’ compensation.

Independent Contractors: 

If you work as an independent contractor, freelancer, or consultant, you usually can’t get workers’ compensation. 

If you think you were wrongly classified as an independent contractor, you should talk to a lawyer.

Volunteers: 

Most volunteers are not covered by workers’ compensation, although some organizations might offer it.

Injury Details: 

To be eligible for workers’ compensation, you need to be injured at work or while doing something job-related. 

For example, if you get hurt while driving to work or doing chores at home, it likely doesn’t count. 

But if you’re injured while using a forklift or falling from scaffolding at work, it probably does.

For federal employees (except military personnel), the Federal Employees’ Compensation Act (FECA) provides benefits like wage compensation, medical expenses, and help for dependents if an employee dies from a work-related injury or illness. 

It also offers job retraining for workers with partial disabilities returning to work.

Finally

Even though workers’ compensation is designed to help injured workers quickly, the process can be very stressful and complicated.

If you’re injured at work and need to file a claim, it’s a good idea to get help from a workers’ comp lawyer at Swartz & Swartz, P.C. 

They will make sure you fill out all the forms correctly and on time. Further, they’ll gather the evidence you need, negotiate with the insurance company, and represent you if your case goes to court. 

If you can’t reach a fair settlement, they’ll be ready to represent you at a hearing or trial.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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