Is Hiring a Personal Injury Lawyer Helpful in Workers’ Comp Cases?

Workers’ compensation is an insurance policy whose purpose is to protect the rights of employees injured at work. According to a 2021 study on private sector employers in South Carolina, there were 30,300 non-fatal workplace illnesses and injuries. 

Many injured workers in cities like Columbia rely on workers’ comp insurance to foot their medical bills and other expenses. Some benefits they stand to gain include cash for lost wages and payment for their medical costs and other associated expenses.

However, if you sustain injuries at work in Columbia, SC, there is no guarantee that workers’ compensation insurance will reimburse you. Furthermore, confronting your employer and navigating the legal process before you are compensated can be stressful without the help of a workers’ comp law firm in Columbia.

When Don’t You Need a Lawyer for Your Workers’ Comp Case?

There are cases when employees can handle their workers’ comp case without the need for legal aid and get a fair outcome. Here are some circumstances when you can represent yourself in a workers’ comp claim.

  • You sustained minor injuries that don’t require continued medical treatment, like a cut or sprain
  • Your employer acknowledges your illness or injury as related to your workplace duties
  • You had no illness or injury before the workplace incident

Although you can manage to claim compensation in these situations without legal assistance, it’s advisable to consult a personal injury lawyer who provides free consultation for legal guidance. The consultation will help you understand the legal process you need to pass through and address any queries you have regarding your case.

When Do You Need to Hire a Lawyer for Your Workers’ Comp Case?

According to a survey conducted to determine why injured workers chose to hire lawyers, it was concluded that most did so because they felt threatened by their employer or by the legal process of filing a claim. Here are some ways a lawyer can be helpful in your workers’ comp case.

  1. Your Employer’s Offer Is Insufficient for Your Medical Bills or Lost Wages

One of the compelling reasons to involve a lawyer in your workers’ comp case is if you get an unfair deal. Many people believe that the workers’ compensation judge only accepts fair deals. However, provided you have agreed to your employer’s settlement, the judge will sign off the agreement. Working with a lawyer will ensure you get the most out of your workers’ comp case.

  1. Your Injuries Affect Your Capacity to Work

If your injuries are severe to the extent that you cannot return to work or perform your former duties, it means you have incurred partial or total disability. In industries such as construction, injuries can spell the difference between making a living and living on the street, not to mention there’s always the chance that construction companies’ negligence is to blame for the injury itself. In this case, you need to claim weekly payments or a large lump sum to cater for lost wages.

Since such cases are expensive for insurance companies, they often lure employees to agree to a low settlement. The presence of a lawyer in settlement agreements involving permanent disability will ensure you get a reasonable offer.

  1. Your Claim Is Denied 

One of the reasons insurance companies turn down compensation claims is because an employee’s injury isn’t work-related. Also, if you fail to file your claim on time, it’s likely to be denied. Employers also deny claims because they believe the employee is unlikely to file an appeal.

Therefore, the reason to enlist a lawyer is when you want to appeal the denial of your claim. The appeals process is different for each state, but typically, you need to file some paperwork, gather evidence, and present your case at a hearing. Hiring a lawyer to handle your appeals process will increase the chances of your claim being approved.

  1. Your Injuries Were Caused By Your Employer or a Third Party

Although the workers’ comp system was meant to keep employees from engaging in civil lawsuits for workplace injuries, there are situations where you can seek justice by filing a personal injury claim. 

For example, if someone other than your employer caused your injury or your employer’s misconduct caused your injury, you can file a personal injury claim. This also applies if your employer doesn’t have workers’ comp insurance. In this case, hiring a personal injury lawyer will help you get a fair settlement.

Work with a Workers’ Comp Lawyer Today!

Dealing with your employer after a workplace injury isn’t easy. It’s even daunting to take your case to the workers’ compensation system. A seasoned law firm takes the burden of pursuing workers’ compensation benefits for your injuries off your shoulders.

You might also like
Leave a comment