Hiring a Lawyer for a Work Related Injury

Work injury lawyers can help you navigate through the worker's compensation system so you can get the recovery you need. A work injury can impact your ability to make a living for your family. It can cause you to miss work, run up huge medical bills and even potentially become permanently disabled. In the worst case scenario, an individual can even die from a work injury. Fortunately, there is a program in place to protect injured workers- but you may need to hire work injury lawyers to take advantage of that program.

Worker's Compensation

Individuals who are hurt at work do not sue for their injuries. Instead, in the vast majority of cases, their recovery is limited to making a worker's compensation claim with their employer's worker's compensation insurer. To make a claim for worker's compensation, a worker must prove:

  • The injury arose out of his job. He doesn't have to have been at work when the injury happened- he just had to have been doing something job related
  • That he actually suffered some injury that he is entitled to compensation for.

Unlike in a personal injury lawsuit, the worker who was injured at work doesn't have to prove his employer was negligent or did anything wrong. The worker's compensation system is a strict liability system, so just the fact he was hurt at work entitles him to compensation. There are a few exceptions, such as if the employee was drunk or under the influence, but generally this means workers who are hurt on the job are provided with a broad level of protection.

Why Do You Need a Lawyer?

You need a lawyer for a work related injury to ensure you are able to recover worker's compensation damages. In the vast majority of cases, this is your only remedy. If you are denied worker's compensation damages or are awarded only a low damage settlement, then you cannot turn around and sue and you cannot collect your money in any way outside the worker's compensation system.

The amount of money you are able to recover is set by state law and based on the nature of your injury and on whether you are able to return to work or permanently disabled. Your lawyer can:

  • Help you to prove that your injury is sufficiently severe so you can recover damages.
  • He can help you to ensure you provide the evidence and support you need for your claim to be approved
  • He can help you prove the injury was work or job related
  • If your claim is denied, he can help you appeal to the administrative board

Getting Help

Because the worker's compensation system is different from the tort system, you need to ensure you hire an attorney who is experienced in worker's compensation. He should be able to explain to you how the process works in your state and he should act as your advocate every step of the way, from making sure you get the right medical evidence to assisting you in interfacing with the insurer to get the benefits the law entitles you to for your work injury.

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