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5 Questions To Ask A Workers’ Compensation Attorney

Best & Flatt, P.A. - Wednesday, July 17, 2019

In 2016, 2.5% of the workers in the private sector were injured on the job in the state of South Carolina. Many of these employees may not have had a workers’ compensation attorney, which could hurt their claim and earn them no compensation. If you have a prospective list of attorneys you would like to work with, here are some essential questions you should ask:

  1. Is hiring a workers’ compensation attorney necessary for your case? You may feel like you have only sustained a minor injury so don’t need a lawyer. However, the claim administrator may deny your claim and state that you were not injured while at work or deny the claim for other reasons. If your claim is denied, or the insurance company does not offer to pay for your medical fees, you need to seek professional legal counseling. A lawyer will look at your claim and advise you on next steps in order to get a fair settlement.
  2. Will you be compensated if the accident was your fault? First, if you deliberately started a fight or engaged in extreme behavior that caused the injury, your likelihood of being compensated is minimal. If you sustained injuries when you were intoxicated, you would also have a hard time proving your case.

    Other than these situations, fault is usually not a defense to your compensation claim. If you feel that your case is a little more complicated, your workers’ compensation attorney will give you the advice you need to make your case.
  3. How should I make my case in front of the claims administrator? A claims adjuster may be the first person you speak with when making your claim. The claims adjuster will want to verify details leading to the injury. They will also offer information on the medical treatment that is available for you. However, if you do not know how to answer the claims adjuster ‘s questions, you might end up saying something that will hurt your case. It is advisable to get legal counsel before you speak to the adjuster so you know exactly how to tackle the questions they will pose. If the case is complicated, the lawyer can speak on your behalf.
  4. Must I do the work my employer offered me? In some cases, you might need a workers’ compensation lawyer if your employer asks you do to handle work that is inconsistent with your healing process. Even if you were happy to work in the position your employer is offering, you are not required to perform the duties if your physician says it will affect your injury. In some cases, your employer may be unwilling to accommodate the work restrictions your physician recommends. This warrants you to get a workers’ compensation attorney.
  5. How soon will my claim settle? How soon your injury heals will determine when your claim will be settled. It is always advisable not to settle a claim unless your doctor says you are healed. You can ask for a settlement if your doctor says that your injury is stable and unlikely to deteriorate. The idea is to settle the claim once you are sure you will not incur further costs. Patience will help you maximize your settlement. In this circumstance, it would be advisable to retain a workers’ comp attorney to decide the right time to settle.
  6. Seeking advice from your lawyer is essential. It will help you build a strong case, and you will learn how to answers questions, so you don’t end up hurting your case.

    If you have been injured in an accident at work and would like to determine if you’re entitled to compensation beyond workers’ compensation benefits, please contact the workers’ compensation law office of Best and Flatt, for a no-cost consultation about the extent of your injuries.

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