One of the most common questions injured employees ask is when to hire a Toledo workers’ compensation lawyer. Hiring an attorney can feel like escalating a dispute, which many employees are reluctant to do, especially if they want to return to work with the same employer in the future. On the other hand, failing to hire a lawyer can leave employees vulnerable to unfair claim denials, workplace retaliation, and lowball settlements.
Some law firms will tell you that everyone needs a workers’ comp lawyer for every workers’ comp claim. At Schaffer & Associates, we do not agree with that statement. However, we do think that everyone should have a free consultation with a law firm as they begin their claims process. Simply understanding your rights and how the claims process should go is one way to decide whether you need to hire a workers’ comp attorney.
One of the main reasons that employees in Toledo and the surrounding area hire workers’ comp lawyers is if their employer or insurer denies their claim. Sometimes, the denial is overt. Other times, the employer or the insurer may engage in constructive denial, meaning that while they approve the claim, they slow down the process instead of paying benefits promptly.
This scenario can actually be worse for employees. After all, the next step after a denial is straightforward and includes an appeal. If an employer or insurer approves a claim but fails to pay it, the next step is more complicated.
Likewise, it can be difficult when an employer accepts a claim and recognizes that it led to injuries but disputes whether medical treatment is necessary. If the insurer tries to deny necessary medical care, an attorney can help advocate for medical needs.
Many employees hesitate to file a workers’ comp claim because of the fear of employer retaliation. The law prohibits employers from retaliating against workers who file these claims.
If a Toledo employee believes they have been fired, demoted, or had their work hours reduced because of a workers’ compensation claim, it is time to hire a lawyer. The lawyer can protect the employee’s rights. The employee may even be entitled to additional compensation based on retaliation claims.
While many workers’ compensation claims are straightforward, they can be surprisingly complex. If a case involves pre-existing conditions, severe or debilitating injuries, or third-party negligence, then a lawyer will be able to help with the process.
Third-party claims can complicate an issue. Theoretically, as long as the injury falls under the workers’ compensation umbrella, the employer’s insurer should still be responsible for the claim. However, an employee will have a much better chance of a substantial recovery if they pursue the third party in addition to seeking workers’ compensation.
Another potential complication can occur if the injury is likely to lead to short-term or long-term disability benefits. When an injury prevents an employee from returning to their previous job or limits their ability to work, a lawyer can help start the disability process as well.
If an employer’s serious misconduct led to the injury, it is vital for the employee to at least consult with an attorney. In such instances, the employee may have additional potential remedies beyond traditional workers’ compensation claims.
Any of these complications signal that it is time to hire a Toledo workers’ compensation attorney. Our lawyers know how to simplify complex situations and can represent an employee in scenarios where the employee may not be able to represent themself.
We can help you understand when to hire a Toledo workers’ compensation lawyer to protect your interests. Call today to speak with one of our experienced local lawyers.