
When you are injured at work, your employer needs to report the injury to its work comp insurance carrier. Depending on the situation, you may need money for medical bills and lost wages as soon as possible. Sometimes you may be able to handle the case successfully on your own. For instance, if you had a minor injury, your employer reports the injury, you don’t miss much work, and you have no preexisting conditions, then hiring an attorney might be unnecessary. However, if any of those things are not true, hiring an attorney may accelerate payments and result in a higher settlement or award.
First, can you afford a work comp attorney? The short answer is Yes. Work comp attorneys almost exclusively work on a contingency fee basis. In other words, the attorney only gets paid if you get paid, and fees do not need to be paid up front.
Situations where you should contact a work comp attorney:
- When your employer will not report the injury to its work comp insurance carrier.
- Some employers are reluctant to report work injuries because of the potential for the claim to increase their work comp insurance premiums.
- When your work comp claim has been denied.
- Appealing a denied claim can be difficult for those unfamiliar with the process. It involves tight deadlines and formal paperwork. Knowledge of substantive and procedural rules may also be necessary to effectively appeal a denied claim.
- It is unlikely that you can persuade the insurance company on your own. By working with an attorney, you can present your case in the most convincing light possible.
- When you are offered a lump sum payment rather than weekly installments.
- If you are offered a lump sum payment, it is likely that the insurance company is offering a closed file settlement which cuts of the right to future medical benefits if your condition worsens. Although a lump sum payment may be reasonable in some circumstances, an attorney will be able to evaluate whether it is right for you.
- When you have a serious work-related injury or illness.
- For more serious injuries, insurance companies have more incentive to put up a fight. Even if a settlement seems generous, an attorney should assess the offer to determine whether it is reasonable.
It is important that you understand your rights regarding work comp, and that you take full advantage of what you are entitled to. The attorneys at Simpson, Jensen, Abels, Fisher & Bouslog, P.C. are experienced in handling work comp claims. If have questions or need assistance, contact us at (515) 288-5000 to discuss your issue with our firm.
Simpson Jensen Abels Fischer & Bouslog Law P.C. blogs, legal updates, and other content are for educational and informational purposes only. This is not legal advice and it does not create an attorney/client relationship between and Simpson Jensen Abels Fischer & Bouslog Law P.C. and readers. Readers should consult an attorney to understand how this content relates to their personal situation and circumstances. You should not use Simpson Jensen Abels Fischer & Bouslog Law P.C. blogs or content as a substitute for legal advice from a licensed attorney.
Sources:
- Dirk J. Hamel, "When Do you Need or Not Need a Lawyer in an Iowa Work Comp Case?" Iowa Workers Compensation Lawyer Blog, December 3, 2020. https://www.iowaworkerscompensationlawyerblog.com/when-do-you-need-or-not-need-a-lawyer-in-an-iowa-work-comp-case/
- "Do I Need a Lawyer for My Workers' Compensation Case?" Lawyers.com, Janaury 4, 2021. https://www.lawyers.com/legal-info/workers-compensation/do-i-need-a-lawyer-for-my-workers-compensation-case.html