It is not always necessary to hire an attorney to succeed in your workers’ compensation claim. Sometimes all you need to do is a little legwork on your own to obtain the benefits you are entitled to under the law. In fact, it is not uncommon for a good workers’ compensation attorney to let a potential client know that they might not need an attorney.
By that same token, for some cases, (and certainly for any claim that has been denied), It will be very difficult for someone who is untrained in the law to succeed in their claim without the assistance of an experienced worker’ compensation attorney. In many cases, it is even unimaginable.
Sometimes you may not need to get an attorney involved if your employer or its insurance carrier is willing to accept liability. But when they are not, when a multi-million dollar insurance company with almost unlimited resources is fighting you, there is no way you (an untrained person) can navigate through New Jersey Workers’ Compensation Law alone.
There Is No Need To Guess
Do not guess as to what your rights and obligation are. It is not going to cost you anything to talk to an experienced attorney to find out exactly what your rights are. Most workers’ compensation attorneys offer a no-cost, no-obligation consultation in which you can be informed of your rights and obligations under the state’s workers’ compensation system.
Many times, the law itself is counterintuitive and what you think should be the case turns out not to be the case at all. If it does not cost you anything to talk to an attorney, why wouldn’t you? Consult with an attorney as soon as you possible. Find out what your rights are so that you can make an informed decision about how to proceed with your claim.
Communicating With the Other Side
When you are contacted by the other side, (the workers’ compensation insurance carrier or an attorney working for them), you may not know whether you should talk to them or what you should and shouldn’t say. It is generally alright initially to talk to the insurance adjuster and explain, “I have been hurt, and these are legitimate bills that I have”. In many cases, they are just going to pay the benefits and you do not necessarily need to have an attorney involved.
However, if you have been severely injured or disabled, or your case has been disputed or entirely denied, you need to have an experienced attorney speaking to the other side on your behalf. An experienced attorney will have insight into how large insurance companies work, and how they settle these types of claims. They know what the other side thinks is important in settling claims, and know how they arrive at the authority they need to make settlement offers. If you can find an attorney with that type of inside knowledge, it is going to be a huge benefit to you as an injured worker.
Hiring An Experienced Workers’ Compensation Attorney
If you have been injured in a work-related accident and are looking for assistance with handling a workers compensation claim, the number one thing to look is experience. Did the attorney just hang out their shingle? Are they new to this type of practice? Is this an area of the law that they are dabbling in, or are they an expert in workers’ compensation law?
You want to make sure that you hire an attorney that is experienced in workers’ compensation law, because there are nuances to it that are not readily apparent to an attorney who is not experienced in this area of the law. There are administrative and other types of pitfalls that can be missed by the untrained eye, but you are relying on your attorney to see you through. So, it is extremely important that you choose an attorney that has a wealth of practical experience and who is not simply attempting to read the law.