When Should You Hire a Workers’ Compensation Attorney?

Many injured workers decide not to hire a workers’ compensation attorney at the start of their case.  They may believe that hiring an attorney may upset their employer.  They may believe that as long as their medical treatment is being paid, and they are being paid their temporary total disability, then everything will be ok and they don’t need an attorney.  Not hiring an attorney or delaying the hiring of an attorney can cause numerous problems with their claim that could have been prevented if they were properly advised by an attorney at the beginning of the claim.

Here are some common pitfalls and misconceptions we have seen from clients who have delayed hiring an attorney:

1.     Injured workers mistakenly believe that they must seek treatment from the doctors or clinics recommended by their employer or the workers’ compensation insurance.  In reality, injured employees have the ability to choose their own doctors who have their best interest in mind, and not that of the insurance companies.  This is typically a choice of two doctors or referral chains, but in certain circumstances may only be one.

2.     Injured workers don’t understand the choice of doctors or referral chains. This may lead to situations where the injured worker wants to see a specific doctor, but because they have used up their two choices already, the workers’ compensation insurance does not have to pay for them to see their new doctor.  Understanding this system from the start helps injured employees to navigate this complex rule.

3.     Injured workers don’t understand “light duty.”  They may be asked to work beyond their restrictions, or they may refuse work within their restrictions because they don’t understand these rules.  Not complying with light duty rules can lead to missing out on pay that may never be recovered and/or termination of your employment. 

4.     Not understanding your rights and what to expect from a Section 12 exam (Independent Medical Examination).  A section 12 exam is conducted by a physician who is selected by the worker’s compensation insurance company.  This is very often because they are looking for a competing opinion to use to deny medical treatment or reduce or eliminate work restrictions recommended by the treating physician.  This examiner is not there to treat the injured employee or to do what is in the best interests of the injured employee and no physician-patient relationship exists.  

5.     Evaluating all potential claims.  Sometimes work injuries also have the potential for other personal injury claims against other people or entities.  An injury attorney, such as those at Adeszko Abate & Green, who handle all types of personal injury claims, should evaluate your situation to determine if you also have other claims.  If you delay too long in retaining an attorney, you may miss deadlines to pursue these other claims or miss timeframes to preserve evidence necessary to pursue these claims.

It is important to remember that the employer side of workers’ compensation claims are not typically controlled or managed by the actual employer, but rather their insurance company, whose number one priority is to pay you as little as possible and get you back to work with as little medical treatment as possible.

It is also important to note that the contingent attorney’s fees on the vast majority of workers’ compensation cases are only taken on any final settlement or award, so there are rarely any additional fees incurred by having an attorney guiding you from the start, and in most cases, this additional guidance works to maximize the recovery and value of the case.

If you or someone you know has been injured at work and has delayed in hiring an attorney, it is important that they contact a knowledgeable workers’ compensation attorney, such as those at Adeszko Abate & Green, as soon as possible.