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When Should I hire A Workers Compensation Lawyer?

Posted by James Aspell | Apr 18, 2022 | 0 Comments

If you have a Connecticut workers' compensation claim claim or suspect that you do, it is critical that you know when to hire a workers comp lawyer. Since lawyers typically won't charge you any fees unless you win, it's important to at least get a free consultation to decide whether your workers' comp case is worth pursuing.

Whether you consult with us on the phone, or come in to see us, James F. Aspell, P.C. always offers free case evaluations for injured workers. We also don't charge any fees until we win.

It's important to note that a workers’ compensation claim can be filed for almost any work-related injury.

Some of the most workplace injuries common include:
  • Slip and fall injuries
  • Heavy lifting injuries (back injuries, etc.)
  • Repetitive trauma claims
  • Car accident injuries
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  •  
  • If your injury causes you to lose more than three (3) days you should immediately hire a workers' comp attorney who can help you get compensation for medical expenses and lost wages.

Even if you're on the fence about the whole thing, it's worth just getting a lawyer's perspective on your case. Again, case evaluations from reputable workers' comp attorneys are usually free.

 

When Should You Hire a Workers' Comp Attorney?

The best time to hire a workers' compensation attorney is immediately after you get injured. An experienced attorney will be in the best position to guide you through the often-complicated process of getting you the help and disability benefits you need.

Before doing anything else related to getting your workers' compensation benefits, you should seek medical treatment as soon as possible. It's recommended that you do so, even if your work injury is relatively minor. This is because you may aggravate your condition if you continue to work, risking further injury.

You Must Notify Your Employer About Your Injury

When you seek medical attention, this is the ideal time to formally notify your employer about your injury. In Connecticut you typically have only one year to file a formal claim for benefits.  Your employer will not doing this for you, and even though you have reported your injury claim to your employer and may even be speaking with an insurance adjuster, that does not mean you have "filed" your claim as required by law.

Is A Connecticut Workers' Compensation Lawyer Necessary?

There are certain situations and periods of time throughout the claims process in which it'll be necessary to be in close communication with your workers' compensation attorney.

From negotiating with insurers to ensuring you get the maximum workers comp benefits you're entitled to, it can be an overwhelming process to go through alone.

The following are two common circumstances that will require an attorney to advocate for you.

1. When You Need to Negotiate With Insurers

You will likely need to be in constant contact with your attorney if and when insurers push back on your claim. It doesn't matter whether your employer is self-insured or has a  large insurance company protecting it. Both types of companies face the same pressure to make ends meet.

Workers' compensation insurance companies generate profits by accepting premiums, and not paying out claims. Therefore, you can expect either type of insurer to resist your claim, either by attempting to minimize its value or by denying it altogether.

Resistance from an Insurance company does not need not be the final word on the matter. In all cases your lawyer may bring your case to the Connecticut Workers Compensation Commission who will hear and adjudicate all aspects of your injury claim.

The problem for you is that the insurance company's lawyers will be experts in minimizing workers' compensation claims and pressuring you to settle for less money than you need to cover lost wages and/or outstanding medical bills.

In order to get a fair settlement, it's important you to have someone on your side who is equally skilled when it comes to negotiating and navigating the workers' compensation system.

2. When You Have a Workers' Comp Hearing

Workers' compensation hearings may not always be necessary. However, if the insurance company won't settle or is only willing to make a minimal settlement offer, you will need to substantiate your claim and prove your case through a workers' comp hearing.

Again, this situation will require the experience of a skilled negotiator. Unless you have a thorough understanding of workers' compensation law and your rights as an injured worker, it is best to work with someone who has a thorough understanding of Connecticut workers compensation laws.  It is always best to retain counsel when your claim requires a hearing.

When You Probably Don't Need a Lawyer to Represent You

Before you call a workers' compensation law firm, keep in mind that there may be a few circumstances that may not require formal representation by an attorney.

For instance, you probably don't need a lawyer for workers' comp to represent you in your claim if:

  • You suffered only a minor injury with no complications
  • You didn't miss any work, or you were only off work for a few hours or a single day
  • Your employer acknowledges the incident and that it happened at work
  • You don't have a pre-existing condition that could complicate your claim

In most cases, however, it's still worth it to get a free case evaluation. The free legal advice you gain from it could greatly help your workers' compensation case.

When to Get a Workers Comp Attorney For a Free Initial Case Evaluation

There isn't a definitive moment after a work injury that signals when you need a lawyer for workers' compensation.

However, you should make an initial call after your personal injury so that a lawyer can help determine your best course of action. An initial case evaluation can help you determine when to get a workers' comp lawyer, and whether you should wait or perhaps even decline altogether.

The only way you're going to know when to hire a workers' comp lawyer is by letting one evaluate your claim.

Talk to The Workers' Comp Lawyers at James F. Aspell, P.C. in Farmington

There is a lot to consider if you are trying to decide when to hire a workers' compensation attorney. From juggling bills from medical care to researching the timeline,  it can be overwhelming for anyone.

This is especially true if you're disabled because of a work injury or you're facing a lengthy recovery.

To ensure you get the help and benefits you need, speak to one of our experienced workers' compensation lawyers for an initial case evaluation, at no cost to you.

Remember that every second counts after a work injury, and putting off a claim or speaking to a lawyer can prevent you from getting the benefits you deserve. Our workers' compensation attorneys are there for you and we can be reached 24/7/365 at 860-523-8783.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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