Let’s say you have been injured at work – pretty seriously injured. You are out of work for more than a week, you need continuing medical treatment, and you are living on your indemnity benefits – which are one third less than your normal income. Your doctor recommends an MRI and additional testing, but the workers’ comp insurance company is balking. Should you hire an attorney? Can you afford the contingency payment, will it be worth it?
This is a question many injured employees ask themselves. Some workers’ compensation claims can and do proceed well without attorney involvement. Originally the workers’ compensation system was intended to resolve employee injuries without the need for litigation. However, issues may arise early in the claim process, for instance:
- If there is dispute about whether an injury occurred in the course and scope of employment.
- Was the injury reported in a timely manner.
- Choice of physician rules.
- Average weekly wage calculations.
- Entitlement to disability benefits.
As a claim continues other issues may arise concerning:
- Appropriate ongoing medical care and billing.
- Temporary work restrictions and accommodations.
- Insurance company 2nd opinions.
In addition to the above, injured workers may be facing several other issues – without even realizing it. This is where a workers’ compensation attorney may be of benefit and some studies agree.
A recent study by the Workers’ Compensation Research Institute finds that in cases with attorney involvement, the injured worker generally receives higher indemnity payments. It is worth noting that the Workers’ Compensation Research Institute (WCRI) “is an independent, not-for-profit research organization which strives to help those interested in making improvements to the workers’ compensation system by providing highly regarded, objective data and analysis. The Institute does not take positions on the issues it researches; rather, it provides information obtained through studies and data collection efforts, which conform to recognized scientific methods. Objectivity is further ensured through rigorous, unbiased peer review procedures.”
In other words, this research is not done at the behest of insurance companies or plaintiff attorneys, but paid for through membership dues from insured and self-insured employers, insurers, national trade and professional associations, national labor organizations, universities, insurance brokers, third-party administrators, managed care organizations, other service providers, and law firms – a wide variety of key players.
This recent study was based on an analysis of more than 950,00 claims with more than seven days of lost time due to employee injury. Using several complex statistical approaches, the study concluded that even considering contingency fees, injured employees received higher indemnity payments with attorney involvement. For example, they found the median indemnity benefits for unrepresented workers is $5,500 but when represented by an attorney the average indemnity benefits jumped to $13,000.00.
Of course, there are other benefits to hiring an attorney other than an increase in indemnity payments.
- The workers’ compensation laws and rules are complicated, and every year the legislature amends and adds new laws – which might have a direct impact on your claim. Other times, the Nebraska Supreme Court issues ruling affecting your rights. It helps to have an experienced work injury attorney by your side.
- An attorney knows the ins and outs of the workers’ compensation process and can advise you on situations you might not think of, such as possible surveillance and your social media exposure.
- An attorney will make sure you receive all the benefits you are entitled to, such as mileage reimbursement.
- If the insurance company wants you to have a defense medical exam in an attempt to deny your benefits, an attorney will help you prepare for the exam and arrange for medical reports from your treating physicians, or an independent medical exam if necessary.
- If you have permanent partial disabilities, an attorney can advise you concerning functional capacity and loss of earning capacity evaluations and explain how they can affect your claim.
- If you can’t go back to your prior employment, an attorney can help you apply for vocational rehabilitation and monitor your retraining.
- If you are unable to return to work, your attorney can negotiate for the most advantageous permanent indemnity and settlement, and make sure you have all the support and home modifications you need to rebuild your life.
- An attorney will represent you at any hearings, depositions and court appearances.
While we might strongly feel through our experience and observations that hiring an attorney is a good idea for many injured workers, it is gratifying to see solid and unbiased statistical research to verify increased indemnity benefits.
If you have any questions, or have been injured at work, call Putnam Law today.
