Never Talk To Workers’ Comp Insurance Company Without An Attorney

workers comp

After being hurt at work, an understandable question is whether you should hire a workers’ compensation attorney. Is their help necessary and what will it cost? In this article, we discuss why it is important to get an attorney before speaking to the workers’ comp insurance company. If you have questions about workers’ comp the Wisconsin workers’ compensation lawyers at Gillick, Wicht, Gillick & Graf can assist you. Our attorneys are only paid if you receive benefits.

The Importance Of Hiring A Workers’ Compensation Attorney

The Wisconsin workers’ compensation system was set up to provide injured workers with wage loss benefits, medical bills coverage, and related benefits. Workers’ comp ensures that workers can receive benefits after a job-related injury. It also prevents lawsuits against companies when workers are hurt. Employers with three or more full-time or part-time employees must have workers’ compensation insurance in Wisconsin.

Because workers’ comp was established to help workers, many injured parties think they do not need an attorney to help with their claim. Why would you need an attorney if the state has set up a program to pay benefits when you are hurt at work?

Workers’ comp is paid for by the company or its insurance company. Both parties have an incentive to not pay full benefits to injured workers if they can get away with it. Paying maximum benefits lowers company and shareholder profits.

Another reason having a workers’ comp attorney is important is there are often gray areas when a worker is hurt. Did the injury happen at work? Was the injury exacerbated by a pre-existing condition? In these complex situations, a Wisconsin workers’ comp attorney can safeguard your rights and ensure you get the money you are entitled to.

When You Should Have An Attorney Talk To The Workers’ Comp Insurance Company

In a perfect world, you have a relatively minor job-related injury. There is no doubt that you will receive full benefits. However, we often do not live in a perfect world. Depending on your injuries and other case circumstances, you could use a legal advocate that ensures you get the compensation you deserve. In the following situations, you should not talk to the insurance company without an attorney:

There Is A Preexisting Condition

If you have a preexisting health condition, it could be used by the insurance company to reduce or deny benefits. The insurance company may argue that the preexisting condition caused your inability to work and it is not related to the job-related accident. However, you can still receive benefits even if you have a preexisting condition.

The Employer Retaliates Against You

Did your employer demote, fire, or reduce your hours after you filed for workers’ compensation? You do not have to put up with this unfair treatment. Before talking to the workers’ comp insurance company, talk to an attorney.

Your Benefits Are Delayed Or Denied

It is estimated that 80% of workers whose workers’ comp benefits are denied do not appeal. Even if you are turned down for workers’ comp, you do not have to take ‘no’ for an answer. You can file an appeal and hire a workers’ comp attorney to get the benefits you deserve. If you are considering filing an appeal, you should always have an attorney help you. Remember that hiring a workers’ comp lawyer does not cost you upfront and gives you the best chance to get a fair settlement.

The Workers’ Comp Settlement Does Not Cover All Losses

If you received a workers’ comp settlement but are unsure if it is a good offer, you should not rely on the judge to decide for you. All workers’ comp settlements in Wisconsin must be approved by a judge, but they will probably approve any settlement that seems reasonable. If you want to get the most benefits, you should talk to an attorney.

Medical Problems Prevent You From Going Back To Your Job

If you have a permanent disability, you could receive weekly benefits to make up for not being able to work. These cases can be costly for the workers’ comp insurance company. They will try to avoid paying you the benefits you deserve. You should always hire a workers’ comp attorney in this situation.

Can You Ever Handle A Workers’ Comp Claim On Your Own?

There are a few circumstances where you may be able to handle your own workers’ comp claim:

  • You have a minor job-related injury, such as a sprained ankle.
  • The employer admits the injury happened on the job.
  • You did not miss significant work time because of the injury.
  • You do not have a preexisting condition that affects the same body part. For example, if you injured your back lifting a box at work, you do not have a previous back injury from a car accident.

It is possible for an injured worker to get by without a workers’ comp lawyer in these simple cases. However, you have little to lose by having an attorney review the case. If they cannot help you to receive additional benefits, the attorney will let you know.

Contact Our Wisconsin Workers’ Compensation Lawyers Today

An experienced worker’s compensation attorney will ensure that all necessary forms are filed on time and that you meet all deadlines. They also know how to collect the necessary evidence to support a workers’ comp case. If necessary, they will negotiate with the insurance company and draft the settlement agreement. If the insurance company will not agree on a fair settlement, your attorney can represent you in court.

Our Wisconsin workers’ compensation attorneys will ensure that you get the most benefits during your recovery. Contact our Wisconsin workers’ compensation lawyers at 414-257-2667 today at Gillick, Wicht, Gillick & Graf for a complimentary consultation.

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