Workplaces can be hazardous, even when safety precautions are taken, and on-the-job injuries are not uncommon. But how does one know what the proper course of action is to take after an injury? Immediately find a lawyer, or try to take matters into one’s own hands? In this article, we go over when a lawyer is needed, when one is not, and also prepare you with what documents you may want to pre-plan in case you seek an attorney.
The Law Offices of John S. Eliasik is here to assist you if you have been hurt at work and must negotiate difficult workers’ compensation rules. Based in Chicago, its best work injury lawyers can manage the complex claims procedure on your behalf and specializes in ensuring just recompense for a variety of injuries. From handling contentious issues to guaranteeing access to required medical procedures, their dedication is to defend your rights all through.
When It’s Advisable to Consult an Attorney
Whether or not you seek lawyer counsel following a workplace injury is based on the specific circumstances surrounding the incident. There are cases in which retaining legal representation might greatly improve one’s potential compensation outcome immensely.
1. Contested Cases or Complicated Situation
Where the circumstances of the injury are unclear, such that blame cannot be clearly established, it is advisable to seek the expertise of an attorney. For example, elements that may involve faulty equipment or even negligence on the part of your colleagues make your case harder to prove. An attorney will help clarify the details and build up a case with evidence.
2. Insurance Company/Employer Deny Responsibility
Sometimes, an employer or insurance carrier may deny the injury as work-related or delay payment on your claim, sometimes with as outrageous a claim as it happened wholly due to your negligence or it is not related to your work. That is when an attorney is able to help you determine if their denial of your claim is valid and file an appeal in your behalf.
3. Requirement of Damage Assessment by Independent Body
For injuries of a nature that can affect your health in the long term or even impact your job, it is always necessary to consult an attorney who can assess this independently. The attorney shall hire the services of medical experts to determine the level of disability and recommend adequate compensation to cover treatment, rehabilitation, and lost wages.
4. Complex Medical or Legal Cases
If the injury calls for expensive and long-term treatment, or if your employer accuses you of being at fault because of failing to adhere to the rules in ensuring workplace safety, then going to an attorney can be very helpful. They are also able to notify you of your rights and aid you in building up a defense against false accusations that may have been brought upon you.
When You May Not Need an Attorney
Representation by an attorney is not always necessary. If employers and insurance companies will cooperate, many times the claimant can proceed on their own behalf without an attorney.
1. Employer and Insurance Company Accept Responsibility
You may not necessarily need to hire the services of a lawyer if your employer accepts that your injury is work-related and fully cooperates with you, just as the insurance company would do, by providing an appropriate compensation package. You will only have to prepare these basic documents and settle the amount of compensation.
2. Obvious Cases and Simplified Procedures
If the cause and consequences of an injury, such as fractures or cuts sustained while on duty, are clear, the intervention of a lawyer may be superfluous. This is because compensation in such cases is usually easy and prompt without having to quarrel with your employer or insurance company.
3. No Long-Term Impact
In less serious injuries, where the treatment period is limited and the injury does not seriously negatively affect one’s ability to work, it may be much easier and less expensive to proceed without the services of an attorney.
Documents an Attorney May Request
If you will finally decide to seek the help of a lawyer, you should in advance prepare all the documents necessary. That way he will be able to assess your case as soon as possible and protect your interests to the fullest.
1. Medical Reports and Certificates
Some of the most important documents which help in proving injury at work are a medical report. A medical report must be inclusive of details, such as a description of the particular injury sustained, the method of treatment, and projections for recovery. This should also include any summaries regarding hospital discharges, medical bills, and any prescribed medication.
2. Verification of Employment and Income Statements
An attorney may request documents to prove your income for the determination of your lost wage compensation. Examples of those documents are Tax returns, income statements, and any regular bonuses or incentives.
3. Insurance Information
One will be the insurance policy and copies of claims filed with the insurance company to help your attorney determine what compensation may be available to you. This will also be helpful when you or your attorney negotiates a settlement with your employer and the insurance carrier.
4. Comrades’ testimonies
If there is a job-related injury, witness testimony can be one of the most important evidence. Colleagues who may have been there can testify for you but also help to influence the insurance company or your employer that your claims are legitimate.
5. Workplace Safety Records
If the injury was due to a violation of a safety protocol or malfunction of equipment, your attorney may also request safety instructions, equipment inspection reports, and any incident records that may have been filed.
Tips for Working with an Attorney
- Choose an Experienced Specialist: An attorney who deals in employment law and workplace injuries is the best choice. Quite obviously, an experienced professional will understand the details of a case and will be able to find perfect solutions right away.
- Prepare All Documents in Advance: The more documents you bring with you to the initial conference, the more rapidly the attorney can begin assessing your options and working on your matter.
- Negotiate Cooperation Terms: Understand what kind of fee arrangement the attorney has, whether a flat-fee arrangement, a contingency fee arrangement based on the outcome of the case, or an hourly charge for their services.
- Be candid: you should make sure that you provide full information to the attorney for your defense. Any concealment or distortion of facts may hurt your case.
Conclusion
A work injury may bring not only stress and pain but also the responsibility of proper legal documentation. Sometimes, situations involving denial of compensation by employers or insurance companies require legal assistance. Knowing when to seek legal advice and which documents to prepare will help you protect your rights at work more effectively and efficiently.
