When Should You Hire a Workers’ Comp Lawyer?

Just because you’ve sustained an injury on the job doesn’t mean you should rush to hire a workers’ comp lawyer. Some claims are cut and dry and workers will have no trouble receiving the medical benefits and financial compensation they deserve. In other instances, however, injured employees will need the guidance and expertise of a workers’ comp lawyer in Orange County.

The claim is denied

Insurance companies will look for reasons to deny a workers comp claim. They may claim the injury wasn’t work-related or that the worker missed the deadline for filing the claim. Workers may appeal the denial through the state’s workers’ compensation system but would need a lawyer to guide them through the process of filing paperwork, gathering evidence, and presenting the case at a hearing.

The permanent disability rating is disputed

The majority of workers’ comp settlements and awards are for permanent disability benefits, which are calculated using a permanent disability rating. If the insurance company doesn’t agree with the rating determined by the worker’s physician, they may require the worker to attend an independent medical examination (IME) with a physician of their choosing. This physician will likely provide a lower disability rating and the insurance company will use this rating to lower the amount of benefits being paid.

The worker has a preexisting condition

Injured workers who have a preexisting condition may struggle to prove the injury was work-related. The insurance company will blame the injury on the previous condition to deny benefits.

Difficulty obtaining treatment

If an injured worker needs an expensive surgery, the insurance company may deny or delay the approval of the medical procedure. In these instances, an experienced workers’ comp lawyer will put the necessary pressure on the insurance company to approve the treatment.

The worker’s ability to work is impaired

Some injured workers will not be able to work again, even after completing treatment, meaning they’ll need the maximum amount of workers’ comp benefits. 

The worker is receiving other government benefits

Injured workers who are receiving Social Security Disability Insurance (SSDI) benefits may see these benefits reduced if they start receiving workers’ comp benefits. 

Upcoming workers’ comp hearing

If the insurance company refuses to give a fair settlement offer, the worker will need to present their case at a hearing. In these situations, it’s critical to have an experienced workers’ compensation lawyer who will fight for the worker’s rights.