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11 Cases a Workers' Comp Lawyer Can Help You With

Table of Content
    11 Cases a Workers' Comp Lawyer Can Help You With

    Suffering a work-related injury creates enough stress without having to navigate the complex workers' compensation system alone. Knowing exactly when it's important to hire a workers' comp lawyer significantly impacts your claim's outcome. Our decades of experience handling Washington State workers' compensation cases have shown us that timing is crucial when you're seeking legal help.

    When Do I Need a Lawyer for Workers' Comp?

    Below are eleven critical situations where legal representation becomes essential for protecting your rights and getting the workers' compensation benefits the law entitles you to.

    1. Your Employer Disputes the Work-Related Nature of Your Injury

    Employers often challenge claims where injuries develop gradually or when initial minor incidents worsen over time. This frequently occurs with repetitive stress injuries, back problems, or occupational illnesses. A workers' compensation attorney can help gather medical evidence and expert testimony to establish the work-related nature of your condition.

    2. Your Claim Faces Unnecessary Delays

    Washington State law establishes clear deadlines for processing workers' compensation claims. If your employer delays filing paperwork or creates unnecessary obstacles, you need legal intervention. Delays beyond 30 days often indicate potential problems that experienced workers’ comp attorneys know how to address effectively.

    3. You're Facing Permanent Work Restrictions

    Long-term or permanent disabilities represent the most expensive claims for insurance companies, making them more likely to be contested.

    Our workers' comp lawyers can ensure proper medical documentation of your limitations, account for lost wages and diminished earning capacity, negotiate appropriate compensation for permanent disabilities, and protect your right to ongoing medical care.

    4. Your Medical Treatment Gets Denied

    The Department of Labor and Industries and Self-Insured Employers frequently deny necessary medical treatments, especially for:

    • Diagnostic tests, like an MRI
    • Specialized procedures
    • Surgery
    • Extended physical therapy
    • Mental health treatment

    Our attorneys can challenge these denials and fight for your right to proper medical care.

    5. L&I Has Rejected Your Claim

    Don't let a claim denial discourage you. Many initially denied claims succeed on appeal with proper legal representation. Your attorney can identify why your claim was denied, gather supportive medical evidence, present your case effectively at hearings, and navigate complex appeals procedures.

    6. You Have a Pre-Existing Medical Condition

    Pre-existing conditions complicate workers' compensation claims but don't disqualify you from benefits. An attorney can help demonstrate how the work injury is separate from previous conditions; when work activities aggravated an existing condition; and which medical expenses relate to the work injury.

    7. Your Employer Takes Retaliatory Action

    Washington State law prohibits retaliation for filing workers' compensation claims. If you face:

    • Getting fired
    • Demotion
    • Reduced hours
    • Hostile work environment
    • Pressure to return to work too soon

    Our attorneys can protect your rights and address these illegal actions.

    8. You Intend to Apply for Social Security Disability Benefits

    If you're thinking about applying for Social Security Disability Insurance (SSDI), it's important to know that any workers' compensation benefits you receive could reduce your SSDI payments.

    You Intend to Apply for Social Security Disability Benefits

    9. You Have a Lawsuit Against a Third Party

    When someone other than your employer contributes to your injury, you might have additional legal options. You may be able to receive workers’ comp benefits from your employer as well as file suit against a negligent third-party defendant. Unlike with workers’ comp, with a third-party lawsuit, you can win pain and suffering damages.

    Examples of third-party lawsuits include:

    • Equipment manufacturer liability
    • Property owner negligence
    • Vehicle accidents during work duties
    • General contractor negligence
    • Subcontractor negligence
    • Contract or Temp. employees who get hurt while on the job

    10. Your Case Involves Complex Legal Issues

    Complex cases requiring extensive legal knowledge and skill often involve:

    Your Case Involves Complex Legal Issues

    When You Can Handle Your Workers' Comp Claim Alone

    Not every workplace injury requires an attorney. You can file the claim yourself in the case of:

    • Minor injury and treatment: You can likely handle your claim alone if your injury is minor and requires minimal medical treatment. This means having a clear diagnosis and treatment plan, expecting a full recovery, and not anticipating any long-term complications.
    • Minimal time off work: If you missed little or no work due to your injury and can quickly return to your regular duties without any wage loss or permanent restrictions, managing your own claim might be feasible.
    • Straightforward claim: A straightforward claim with no disputes makes self-representation a possibility. This includes your employer readily acknowledging the injury occurred at work, the claim being filed promptly, and a cooperative insurance adjuster.

    Why You Should Hire a Workers' Compensation Lawyer

    Here are the benefits of working with professional attorneys:

    Experience in Complex Legal Procedures

    Navigating workers' compensation law requires a deep understanding of intricate legal procedures, strict deadlines, and constantly evolving regulations. Attorneys bring years of practical knowledge to your case, ensuring all requirements are met precisely and deadlines are never missed.

    Maximum Workers' Comp Settlements

    When it comes to securing fair compensation for injured workers, knowledgeable and aggressive legal representation often makes a substantial difference. Our workers' compensation attorneys understand how to correctly calculate claim values, factoring in not just immediate medical expenses but also future care needs, lost earning potential, and long-term implications of injuries.

    Protection of Legal Rights

    Our skilled attorneys serve as your advocate throughout the entire claims process, ensuring your workers' comp rights are protected at every step. We can quickly identify and respond to violations of your rights, prevent costly mistakes in claim filing, and provide strong representation during hearings or appeals. This professional oversight helps prevent L&I or employers from violating your legal rights.

    Protection of Legal Rights

    Peace of Mind

    Perhaps the most valuable benefit is the ability to focus on your recovery while your attorney handles the complex legal aspects of your case. Your lawyer manages all paperwork, communicates with L&I and other parties, and keeps you informed about your case's progress. This support allows you to prioritize your health without worrying about making potentially costly legal mistakes.

    Considerations When Hiring a Workers' Comp Attorney

    Some people assume that hiring a lawyer will drain their benefits or create unnecessary complications, but that's a misconception. In reality, a lawyer can significantly increase the value of your settlement.

    Moreover, our workers' compensation attorneys at Lehmbecker Law work on a contingency fee basis — meaning we only get paid when you receive monetary. You can therefore focus on your recovery with the peace of mind that you're not incurring any upfront legal expenses.

    There might be another concern — that bringing legal representation into a workers' compensation claim might make the employer become more guarded in their interactions. Anyway, you should remember that your top priority is securing your rightful benefits and protecting your well-being.

    Contact Lehmbecker Law to Fight Back Against the Insurance Company

    While not every workers' compensation claim requires legal representation, having an attorney can make a crucial difference in complex cases.

    Here's what our Seattle workers' comp lawyers will do for you:

    • Navigate complex legal procedures and deadlines.
    • Gather and present compelling medical evidence.
    • Communicate effectively with L&I and Self-insured employers
    • Protect your rights throughout the claims process.
    • Calculate appropriate compensation for your injuries.
    • Represent you at hearings if necessary.

    If you're facing any of the challenging situations described above, don't risk your future by handling the claim alone — reach out to us now and start with a free initial case evaluation.

    Injured at Work? Exceptional Legal Help is a Phone Call Away.

    Our Washington State workers' compensation attorneys at Lehmbecker Law are always here to secure the compensation you deserve. You can trust us to provide honest answers and aggressive representation.

    Schedule a Free Consultation

    Larry A. Lehmbecker
    Firm Founder, Larry Lehmbecker, has nearly 40 years of experience fighting for the injured in Washington State. He is always eager to share his knowledge to help those in need.
    Contact Lehmbecker Law Today
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