Do I Need an Employment Attorney for a Workers’ Compensation Case?

If you suffered a work injury, it might not be clear whether you need an employment attorney. So, do you need an attorney for your workers’ compensation case? The truth is not all employees who suffer work-related injuries need attorneys to help them with their workers’ compensation cases. However, if you have a workers’ compensation case, whether you just suffered your injury, have already filed your claim, or are already receiving benefits, it is advisable that you consult an employment lawyer. Even if you don’t hire an attorney, at least get legal advice.

When Do You Need to Hire an Employment Attorney for a Workers’ Compensation Case?

If there are some complications with your workers’ compensation case, it is not enough that you consult with an attorney. It is in your best interest to hire an attorney if there are some complications with your case. The following are some examples of situations that call for you to hire an employment lawyer for a workers’ compensation case:

Your Employer Claims Your Injury is Not Work-related

You cannot recover workers’ compensation benefits if your injury is not work-related. So one of the common defenses employers use to fight workers’ compensation claims is arguing that the injury is not work-related. A qualified employment attorney can help establish a clear link between your injury and work.

You Have a Pre-Existing Condition

If you suffered an injury and you have a pre-existing condition, you need the help of an employment lawyer. The insurance company will do its best to deny your claim because of your pre-existing condition. For instance, the insurance company might claim that all your pain is from your pre-existing condition. The insurance company might argue that your pre-existing condition was not aggravated.

Your Employer Denies Your Claim

If you suffered a work injury, filed a workers’ compensation claim, and your employer denied your claim, you need to hire an attorney. You may have the right to appeal the denial. An employment attorney can help determine if you can appeal your workers’ compensation claim denial. If you are eligible for an appeal, an attorney can help you file the appeal. An attorney can give you a fair chance of recovering the workers’ compensation benefits you deserve. 

Your Employer Retaliated Against You for Filing a Workers’ Compensation Claim

It is illegal for an employer to retaliate against a worker for filing a workers’ compensation claim. Unfortunately, some employers take adverse employment actions against employees who file workers’ compensation claims. If an employer has, for example, demoted you, reduced your pay, slashed your hours, or fired you, contact an employment lawyer as soon as possible. A qualified employment lawyer can help protect your legal rights. 

You Receive Social Security Disability Benefits or Plan to Apply for These Benefits

If you receive Social Security Disability benefits or plan on filing for these benefits, you should hire an attorney. Your workers’ compensation benefits could lower your Social Security Disability benefits. A qualified attorney can help you minimize or eliminate this offset. 

Contact Trabosh Law Firm

If you need an attorney to help you with your workers’ compensation case, contact Trabosh Law Firm to schedule a consultation with a skilled New Jersey employment lawyer. 

Posted in