You are at work. You lift a heavy box or slip on a wet floor. Suddenly, you are in pain. Your first thought is about your health. Your second thought is about your paycheck. You enter the workers’ comp system and realize it is a confusing maze. Some people tell you to call a lawyer right away. Others say you can do it alone. The reality is that not every small scratch needs an attorney. But if you have a serious injury, trying to handle it yourself is like trying to fix a broken car engine with a plastic spoon.
Most workers do not know that the insurance company is not on their side. They have teams of experts looking for ways to pay you less. If you are going through this process, you need to know when to step back and bring in a professional. Getting help early can change the outcome of your life.
Signs you should get a lawyer for your work injury
If your employer says your injury did not happen at work, you have a problem. This happens a lot with injuries that get worse over time. Maybe your neck started hurting weeks ago and finally gave out today. The insurance company will claim it is a pre-existing condition. They will look for any excuse to say it happened at home.
Another red flag is when your company moves slowly. They should give you paperwork and report the claim to the state within 30 days. If they are dragging their feet, they might be hoping you just give up. You also need a lawyer if your doctor says you need a certain surgery or therapy and the insurance company says no. They are not doctors, but they will try to act like them to save money.
If you have a permanent disability, do not sign anything without a lawyer. These claims are the most expensive for insurance companies. They will fight you harder on these than anything else. You might be entitled to lifelong payments or a large lump sum. If you take a low offer now, you cannot go back and ask for more later.
When you can probably handle things alone
Not every case needs a legal team. If you cut your finger, got a few stitches, and went back to work the next day, you are likely fine. The workers comp system is built to handle small, simple claims without much fuss. If your boss is being helpful and the insurance company is paying your medical bills on time, you might not need to pay a lawyer a percentage of your award.
You should also look at how much work you missed. If you did not miss any days and your body feels 100 percent better, a lawyer might actually slow down a simple process. But if you have even a tiny doubt about your future health, it is better to get a free consultation just to be safe.
Why insurance companies offer low settlements
Insurance companies are businesses. Their goal is to keep as much money as possible. They often offer a quick settlement to see if you are desperate for cash. They hope you do not know the real value of your claim. They use a rating system for disabilities that can be very confusing.
If they send you to an independent medical exam, be careful. That doctor is paid by the insurance company. They might give you a lower disability rating than your own doctor. A lawyer knows how to argue against these low ratings in front of a judge. They can help prove that your injury is worse than the insurance company claims. This is how people end up getting 100,000 dollars instead of 10,000 dollars.
The danger of employer retaliation
It is illegal for your boss to fire you or treat you poorly because you filed a workers’ comp claim. But it still happens. Some bosses will cut your hours or give you the worst shifts to make you quit. Others might pressure you to come back to work before your doctor says you are ready.
A lawyer acts as a shield between you and your employer. Once you have an attorney, the company and the insurance carrier have to talk to them instead of bothering you. If they do try to retaliate, your lawyer can file a lawsuit for that specific behavior. You have rights, and you should not be scared of losing your job because you got hurt while working.
Understanding the cost of a lawyer
A lot of people think they cannot afford a lawyer. They think they have to pay thousands of dollars upfront. This is a myth. Most workers comp attorneys work on a contingency basis. This means they only get paid if you win money. If you do not get a settlement, they do not get a fee.
Typically, a lawyer takes a small percentage of your final award. In many cases, it is around 10 percent of the lost wages they recover for you. Even after they take their cut, you usually end up with more money in your pocket than if you had handled it alone. Studies show that about 80 percent of people do better with a lawyer than without one.
Dealing with third-party claims
Sometimes your injury is caused by someone who does not work for your company. Maybe you were driving for work and a negligent driver hit you. Or maybe a machine at the factory malfunctioned because it was built poorly. These are called third party claims.
These cases are much more complex because you are dealing with two different legal paths at the same time. You have your workers comp claim and a personal injury lawsuit against the other person or company. You can get money for pain and suffering in a third party claim, which you cannot do in a regular workers’ comp case. Handling this alone is nearly impossible for someone who is not a legal expert.
The technical side of the law
The workers’ comp world is full of strange words and abbreviations. You might hear people talk about SSDI, IME, or AOE. Unless you spend your weekends reading legal manuals, these terms will mean nothing to you. The insurance company knows this. They will use this jargon to confuse you and make you feel like you do not have a choice.
A lawyer understands the rules of evidence and how to file paperwork before strict deadlines. If you miss a deadline by even one day, you could lose your entire claim. Having a professional handle the filing ensures that a small mistake does not ruin your financial future.
How to find the right legal help
If you are in the Los Angeles area and need a workers’ compensation attorney, you should look for experience and local knowledge. You want someone who has seen your type of injury a hundred times before. They should be able to explain things in plain English and keep you updated on your case.
Hinden & Breslavsky has been helping injured workers for a long time. They know how the local judges and insurance companies operate. If you are feeling overwhelmed by your work injury, you can call (323) 954-1800 for a free consultation. They can tell you if you have a strong case or if you can handle it on your own. Do not let the insurance company decide what your future looks like. Take control of your claim today and make sure you get every penny you deserve. Dealing with an injury is hard enough without having to fight a giant company by yourself. Get the support you need so you can focus on getting better and moving on with your life.