Most workers’ compensation claims do not end up being lawsuits, there are specific instances when employers can benefit from hiring an attorney. Learn more below.

Business owners or employers may often wonder if they should get a workers’ compensation lawyer involved to assist with any related workers’ compensation matters when an employee gets injured on the job. For businesses’, work-related injuries, in general, have a stake in their finances and may involve multiple entities in just one claim. Stakeholders in a workers’ compensation claim may include insurance providers, medical practitioners, the injured employee, and the workers’ compensation board of the particular state.

The good news when it comes to workers’ compensation claims is that often for small businesses, seldom need to get a workers’ compensation lawyer because claims rarely end in lawsuits. Commonly, the injured employee is just exercising the right to compensation. The workers’ compensation insurance provider of the employer will in the end decide whether the injured employee is entitled to benefits. Small businesses may consider hiring a workers’ compensation lawyer on certain occasions though.

Why Businesses Need a Workers’ Compensation Lawyer

Albeit the fact that common workers’ compensation claims are resolved without legal counsel, there are certain instances when business owners can benefit from hiring a workers’ compensation lawyer. And they are when:

• The employee appeals to the insurer’s decision on the claim

When a workers’ compensation claim is rejected, the affected employee may appeal the employer’s decision. In this case, the insurance provider of the employee will appoint a workers’ compensation lawyer for the employer.

• The employee rejects his/her right to benefits

Employees filing a workers’ compensation claim must report the incident to the right labor state authorities. If an injured employee accepts the settlement package or benefits, they typically waive the right to sue the employer. On the other hand, when the injured employee rejects the settlement right out, it can mean the employee is thinking of pursuing litigation. Most workers’ compensation policies come with liability insurances to defray the legal costs associated with workers’ compensation claims – and this may include a workers’ compensation lawyer’s fees.

• The employer lacks a workers’ compensation insurance

When the employer fails to secure the mandatory workers’ compensation coverage for the state where they are doing business, they are likely to hear from the OSHA or Occupational Safety and Health Administration. In which case, it may be wise for the employer to speak with the OSHA with their workers’ compensation lawyer. 

When an employee is injured and the employer fails to secure proper insurance, the latter can be held liable for medical costs. Not only that, but the employer could face penalties indicated by the state and lawsuits.

• The employee hires his/her own workers’ compensation lawyer

Although uncommon, some employees may hire workers’ compensation lawyers to walk them through workers’ compensation claim processes. The injured employee may retain a workers’ compensation lawyer because:

• They do not understand how workers’ compensation claims processes work
• They feel that a workers’ compensation lawyer can help prepare their case better than they do alone
• They are making sure that the workers’ compensation claims are correctly filed

For employers, talking openly to employees about workers’ compensation benefits and providing official information whether digital or printed may decrease the likelihood that employees involve workers’ compensation lawyers in workers’ compensation claims. But when employees do, it is usually to:

• Direct the local workers’ compensation laws and claims processing

States may differ when it comes to workers’ compensation laws promulgation. Aside from understanding these workers’ compensation state laws, the employees must as well navigate the claims processing with their employer’s insurance company. The employee may feel more comfortable working with a workers’ compensation lawyer who understands more about the local laws and processes.

• Build their case

A workers’ compensation lawyer will be able to analyze the details of a workers’ compensation case to make sure the employee receives the right compensation. The workers’ compensation lawyer may look into medical records to gauge the extent of the injury in question. The attorney can also inspect the records of the business to see if previous safety violations have been committed.

• Establish a rightful compensation

Workers’ compensation lawyers help employees identify the cost of the injury or illness thereby determining how much money to receive. To do this, workers’ compensation lawyers take into account medical bills, rehab costs, time spent not working, and the kind of disability incurred by the employee.

Workers’ compensation lawyers can also advise employees after the employer’s insurance provider has given the decision to grant benefits or otherwise. If the insurance company of the employer denies the workers’ compensation claim or offers an unfavorable payout, the workers’ compensation lawyer of the employee may encourage an appeal against the decision. As mentioned above, this can be a case when a business might consider employing the services of their own workers’ compensation lawyer to negotiate this decision.

Other Need-to-knows about a Workers’ Compensation Lawyer

The ultimate goal of a worker’s compensation lawyer representing the claimant is to represent the injured employee and help him/her obtain benefits while the goal of the defendant’s worker’s compensation lawyer is to mitigate the employer’s or the insurer’s liabilities.

Typical job functions of worker’s compensation lawyers may include gathering medical evidence and looking into employee medical records. They may also take depositions of the claimant, medical professionals and experts, and other parties involved. They may also conduct discovery, and perform legal research while remaining up to date with current developments in the law. They should also draft pleadings, findings of facts and other legal documents whatsoever the worker’s compensation lawyer claim requires. And more importantly, when the claims escalate, is to litigate cases before a judge or referee.

Worker’s compensation lawyers should have the capabilities and knowledge required to excel as one aside from those essential legal skills.

A worker’s compensation lawyer like any attorney in the United States must obtain an undergraduate degree. They should also complete four years of law school and must obtain a license by taking and passing the state bar exam where they foresee practicing.

Worker’s compensation lawyers for the claimant do not charge an hourly fee. It’s common for them to work on a contingency basis meaning that they collect a percentage of any award received – anywhere from 10 to 30%. A few state laws put a cap on this percentage.

Worker’s compensation lawyers often work in an office environment either at a law firm or in a corporate legal division. It is not uncommon for worker’s compensation lawyers to travel frequently as they are required to attend hearings, arbitrations, and even inspect job sites. They also put in long hours traveling in distant locations, and when preparing for upcoming hearings.