What Exactly Does a Workers Compensation Lawyer Do?

Law Attorney

Even though there are strict workplace health and safety regulations in the U.S., millions of people still sustain injuries and contract illnesses in the course of their duties. Fortunately, workers’ compensation enables people to claim financial recompense due to workplace injuries or illnesses, regardless of who was at fault.


Royalty-free image

Given that you don’t need to prove you weren’t responsible for the incident to obtain workers’ comp, you might be wondering what workers comp lawyers do. While the concept of workers’ compensation might be straightforward, making a successful claim is more difficult. To find out why it’s important to obtain legal advice after an accident at work, take a look at these three ways workers’ comp lawyers can help:

1. Prove You’re Eligible to Claim

Workers’ compensation is designed to provide employees with financial recompense after a workplace injury or illness, but casual workers, volunteers, agricultural laborers and other types of workers may not be covered by workers’ comp schemes.

As the job market has changed, an increasing number of people work on ad hoc or flexible contracts, which can lead to confusion regarding their employment status. It’s not unusual for people to assume they’re an employee, only to find out that they’re classed as a casual worker when they try to make a claim.

With legal representation and advice, however, you can argue that you’re an employee under the law, regardless of what your contract actually describes you as. If successful, your lawyer will have established your eligibility to claim workers’ comp as an employee.

2. Get the Right Type of Workers’ Comp

There are various different types of workers’ compensation, such as partial disability or total disability benefit status. The type of workers’ comp you’re eligible to receive will affect how much you receive as well as how long you can receive benefits for. If an injury leaves with an impairment of 35% of more future, for example, your workers’ comp lawyer can argue that you’re entitled to total disability benefits, as opposed to partial disability benefits which are only payable for a maximum of 500 weeks.

3. Claim the Benefits You’re Entitled To

If you’re eligible to claim workers’ comp, you could receive financial compensation for wages you’ve lost due to your injuries or occupational illness, as well as specific loss benefits and the cost of your medical care. However, there are strict rules governing exactly what benefits can be issued and in what circumstances they are approved. Due to this, a workers’ comp attorney may be required to help ensure that you get the compensation you deserve.

Getting Legal Advice for a Workers’ Comp Claim

If you’ve been hurt at work, getting legal advice can make it far easier to successfully obtain workers’ compensation. However, if you’ve already made a claim that has been rejected, there’s no need to panic. With help from a workers’ comp attorney, you can appeal the decision and still obtain workers’ comp if you’ve been injured at work or have contracted an occupation illness.