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When to Hire a Workers’ Compensation Attorney

Experiencing an injury at work is possible no matter your occupation. After you experience a workplace accident, you may wonder if or when it is right to hire a workers’ compensation attorney. Here are 9 scenarios where you should consider hiring a lawyer.

You Don’t Understand the Process

The compensation process can be difficult and confusing, but a workers’ compensation attorney can help with the ins and outs of how the system works and how to get the benefits you deserve. Seeking guidance and experienced advice from an attorney when you are not clear on the process will help maximize your benefits.

Employer Claims You Are Not Covered By Workers’ Compensation

In Nebraska, most industries, companies, and employees are covered by workers’ compensation. However, there are some exceptions including, but not limited to:

  • Federal employees
  • Railroad employees
  • Volunteers
  • Independent contractors
  • Some agricultural employees or domestic household servants

If your employer claims you are not covered by workers’ compensation, it is best to ask a workplace injury lawyer for advice.

Employer Denies Event is Work-Related

When your employer claims your injury is not work-related, it may be time to hire a workers’ compensation attorney. Some employers argue that an injury was either not sustained at the workplace or not caused by a work-related accident because of conditions of the work or how the injury presented itself over time. An attorney can evaluate your employer’s denial and help determine the best course of action.

Employer Retaliation

It’s a violation of Nebraska public policy to retaliate against an employee because of a workers’ compensation claim. Retaliation in the workplace can come in many forms like firing or demotion, a cut in working hours, harassment, pressure to return to work too early, or other punishments for being injured at work. It is best to immediately enlist the help of a workers’ compensation attorney if you have been retaliated against for filing an injury claim.

You Have a Third-Party Claim

With workplace injuries that occurred because of a manufacturing error or from the actions of someone or something outside your place of work, such as a reckless driver or a faulty company vehicle, you may have a separate injury claim. An experienced attorney will know how to handle these claims to maximize your benefits.

Ability to Work is Affected

For times when a workplace accident causes a catastrophic injury or your ability to work is severely affected for an extended period, it’s best to hire a workplace injury attorney to protect your right to benefits. Being unable to work can cause serious financial hardship. Having an experienced attorney on your side advocating for your benefits and advising you to what benefits you are entitled can be helpful.

You Have a Preexisting Condition

Preexisting conditions can affect how insurance companies and employers view the extent of your work injury. In cases when your condition affects the same area where your injury occurred, your workplace or insurance may claim the injury is an extension of the prior limitation rather than a new issue caused by a workplace accident. Your workers’ compensation lawyer will be a strong ally for receiving your deserved benefits.

Treatment or Lost Wages Are Not Covered

Incorrect benefit calculations or unreasonable worker compensation settlements may not cover the necessary medical treatments or lost wages caused by an injury at work. A work injury attorney can make an effort to secure you the correct benefits to cover necessary medical care and confirm whether the rate you are being paid for time off work or for your disability or loss of earnings is correct.

Workers’ Compensation Claim is Denied

There are many reasons why an insurance company may deny your compensation claim, including whether the event had witnesses or when it was reported. If your workers’ compensation claim is denied, seek the advice of an experienced work injury attorney.

Have you recently experienced a workplace injury and are considering hiring a workers’ compensation lawyer? Dyer Law offers legal representation for workers’ compensation cases. Our team is here for you 24/7 so contact us today.