If you’ve been hurt on the job, you might wonder if you need a lawyer. Often employers or insurance company representatives will try to discourage injured workers from obtaining representation. Co-workers, friends and family members may offer all sorts of conflicting information. What should you do? When do you need a lawyer? Here are some guidelines to consider.

Severity of the Injury A minor injury with a minimal amount of medical treatment and no lost time usually can be handled without a lawyer. Bumps, bruises, contusions, lacerations, or even a few stitches which are treated in the emergency room or with a few follow up visits to Doctor’s Care will probably be processed routinely and not require you to get a lawyer. On the other hand, if you have a severe injury you are more likely to benefit from the services of an attorney. A lawyer can help you get the proper medical care and compensation so you have the best outcome from your injury.

Employer Cooperation If your employer seems to be angry at you for getting hurt or refuses to send you to a doctor, this may be a warning they do not plan to cooperate to get your benefits started. The employer is supposed to report the injury to their insurance company right away. The insurance company then "adjusts" the claim - investigates to determine if the injury is compensable and what benefits are owed. If the employer does not report the claim, the insurance company won’t know about it and will not be processing the claim for benefits. This can cause all sorts of problems and delays. With a non-cooperative employer it is probably a good idea for an injured worker to consult lawyer.

Referral to a Specialist Injured workers with severe injuries can benefit from having representation. Referral to a specialist, such as an orthopaedic surgeon or neurosurgeon, is generally a good indication your injury is severe enough to benefit from retaining a lawyer.

Denial of Medical Treatment Sometimes medical treatment is denied from the start. The employer refuses to send an injured worker to the doctor or the insurance company refuses to authorize treatment, often because the employer has not reported the claim. Other times, an injured worker who has been receiving ongoing treatment is denied further treatment. For example, the insurance company refuses to authorize a referral to a specialist, or for diagnostic testing, such as an MRI, or physical therapy, or a pain clinic. Sometimes, the injured worker is released by the treating physician, but is still having problems and wants a second opinion, but the insurance company won’t agree. In all of these situations the injured worker probably needs a lawyer to help get the needed treatment.

Refusal to pay weekly benefits An injured worker who is unable to work and is not getting weekly benefits should consult a lawyer. Important tip: Always get your work status in writing from the doctor and keep a copy for your records!

Getting a fair settlement It is always a good idea to consult a lawyer before you settle your case to determine if you are being treated fairly or if you would benefit from representation. Even if the employer and the insurance company seem to have treated you right all along, this does not necessarily mean you will be offered a fair settlement. You might also want to discuss with an attorney what your options are before you make any decisions. If your case does not settle and you have to go to a hearing, you may benefit from having an attorney represent you.

Loss of Earning Capacity or Permanent and Total Disability If you believe you have suffered a significant loss of your earning capacity or you are permanently and totally disabled as a result of your work injury you should contact a lawyer. Settling or bringing such cases to a hearing can be complicated. There can be confusing issues which are best handled by a lawyer. A lawyer can help you obtain the evidence and documentation necessary to get the benefits you are entitled to. Also, if you receive or have applied for other types of disability benefits, such as Social Security Disability, you would most likely benefit from the services of an attorney in concluding your Workers Compensation claim. A lawyer can help you protect your other disability benefits.

Permanent Disability, Restrictions, or Inability to Return to Previous Employment If you have a permanent problem as a result of your injury, permanent restrictions or, if you are unable to return to the type of work you usually do, it is a good idea to talk to a lawyer and determine if you need representation. In most of these situations you will be more likely to get fair compensation if you have an attorney.

Denied Case If you have been hurt on the job but your employer doesn’t believe you, or if the insurance company denies your case, you will most likely need a lawyer to help you prove you case. Some cases are straight forward enough to handle without a lawyer, but many cases are denied for legal reasons or on issues that can be difficult for an injured worker to handle alone.

Injury caused by a third party or defective machine If you have been hurt by someone who does not work for your employer you may be able to bring a separate lawsuit in addition to your workers compensation claim. This would include, among other things, on the job auto accidents and injuries caused by improperly designed or defective machines. When you may have both a workers compensation claim and a third party claim it is a good idea to consult an attorney to determine your rights and if you would benefit from representation.

Questions, worries, and concerns If you have never had a workers’ compensation claim before, don’t know your rights, have questions, doubts, fears or concerns, or just don’t know what to do, you should consult a lawyer. A lawyer can answer your questions, explain your rights, put some of your fears to rest, and help you decide if you would benefit from having representation. When in doubt, call a lawyer!