The Short Answer
Whether you need an attorney for your workers' compensation case depends primarily on the severity of your injury and whether a disability rating or future medical treatment is involved. For minor injuries expected to fully heal, you may be able to handle the claim on your own. But if you've suffered a serious injury — a back injury, head injury, or traumatic limb injury — hiring an attorney can make a significant financial difference. Insurance companies typically offer the legal minimum without an attorney in the room; an attorney can fight for future medical costs, lost wages, and lost earning capacity that you might never see otherwise.
The decision to hire an attorney is often based on the severity of the worker’s injury. If the injury is limited to a sprained ankle or broken wrist that is expected to heal with limited future medical treatment, the employee may choose not to hire an attorney to represent him in the workers’ compensation claim. However, employees that suffer back injuries, head injuries or traumatic injuries to a limb will usually benefit from hiring an attorney to assist with the workers’ compensation case.
In cases where a disability rating is assigned to the injury or future medical treatment is expected, an employee should consider hiring an attorney to assist him or her. By law, the employer’s insurance company must pay a minimum amount based on the disability rating and body part injured. Without an attorney, the minimum amount is usually all the insurance company will offer to pay the employee to settle the case.
With the assistance of an attorney, the employee is often compensated for future medical expenses, future lost wages and even the loss of future earnings capacity. For example, if the employee earned $25/hour as a truck driver prior to the injury but is now earning only $15/hour in a clerical position due to the physical limitations caused by the injury, the employee’s earning capacity has decreased approximately $20,000 per year. In these cases, the attorney may help the employee obtain the necessary education or technical training for the employee to secure a higher paying job or may negotiate a settlement to compensate for the loss of future earnings capacity. Over the course of many years or the employee’s lifetime, this can result in a substantial amount of money and the cost of retaining an attorney to assist with the workers’ compensation settlement will seem very small.
Key Takeaways
- For minor injuries with no lasting effects, you may not need an attorney to resolve your workers' compensation claim.
- Any time a disability rating is assigned to your injury, you should strongly consider hiring an attorney — insurers are only required to pay the minimum without pressure to do more.
- An attorney can pursue compensation for future medical expenses, future lost wages, and reduced earning capacity — not just your current losses.
- If your injury has forced you into a lower-paying job, you may be entitled to compensation for the difference in your lifetime earning capacity.
- The cost of hiring a workers' compensation attorney is often small compared to the additional compensation they can recover on your behalf over time.
