Should I hire an attorney for my Workers’ Compensation claim?
Some injured workers decide to go it alone on their Workers’ Compensation claim for various reasons. Some do so because they are worried about paying an attorney or owing money in the end. Workers with this mindset do not realize that their attorney gets paid out of what it recovered for the worker. This payment is capped at a low 20% fee plus expenses. This payment method gives the attorney every incentive to get the worker as much money as possible.
Some injured workers may think they will come out with more money in the end if they avoid hiring an attorney. This is an especially risky bet to make if the case is in front of a judge. In Admir Hadzic Employer v. Averitt Express, the injured employee sought his temporary pay, known as Temporary Total Disability, from his employer. He filed a Request for An Expedited Hearing in front of the judge. He was not represented by an attorney. The injured employee failed to file his affidavit with the request. His claim was ultimately dismissed on this technicality. This is just one example of the many nuances that most injured workers will not know about.
It is important for injured workers to hire an attorney early in their claim. Some problems are very difficult to fix on the back end. Injured workers often pick a workers’ compensation doctor that they later regret. The injured worker will not know as much about the tendencies of the physicians as a lawyer that takes a lot of workers’ compensation cases. However, once that worker picks a doctor without legal advice, it is very hard to undo the mistake.
In order to avoid making mistakes in the claim, injured workers should hire an attorney as soon as possible for their workers’ compensation claim. Put The Lawyers of Brown & Roberto to work for you today. Give us a call at 865-691-2777 or contact us through our website at WWW.BROWNANDROBERTO.COM to set up a free consultation.
Work injuries can happen anytime, to anyone, even in seemingly low-risk environments. If you are injured at work you may be entitled workerscompensation benefits. If the accident was caused by a third party (someone who does not work for your employer), you may be entitled to additional compensation by filing a personal injury lawsuit as well as a workers’ compensation claim. Many of our clients are injured in car accidents while working for their employer. If this has happened to you, you may have both a personal injury and a workers’ compensation claim.
The Lawyers of Brown & Roberto represent workers who are injured in industrial accidents, such as explosions, fires, falls and falling materials. No matter how you were injured, we offer a free initial consultation to explain the law and answer your questions. Victims of industrial accidents often ask these questions:
Can I Sue My Employer?
Even if your employer or co-worker was negligent in causing the accident, you are generally limited to benefits provided by Workers’ Compensation. These benefits are paid regardless of who was at fault for the accident.
What if My Injury Was Caused by a Third Party?
If your injury was caused by someone who does not work for your employer, you may be entitled to seek additional compensation by filing a personal injury lawsuit. A personal injury lawsuit allows you to recover compensation for damages not covered by workers’ compensation, such as your pain and suffering. Examples of third-party liability cases include auto accidents, injuries caused by defective machinery, and injuries caused by a vendor or subcontractor.
What Should I Do if I Am Injured in a Workplace Accident?
- Report your injury, preferably in writing, to your employer as soon as possible, but definitely no later than 30 days after the injury occurred. Tennessee residents need to complete a form known as the First Report of Work Injury.
- Obtain medical treatment. You should be given a choice of three physicians not associated in practice, near your residence. You are required to accept treatment from your chosen physician and should not see any other physician unless treatment is authorized by your employer’s insurance carrier.
- Get legal representation. Workers’ compensation laws have changed. The Lawyers of Brown & Roberto understand these changes and will assist you in getting all the benefits you are entitled to under Tennessee law.
Do you need a workers compensation lawyer? Call today for a free consultation.
With more than 75 years of experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto are serious workers compensation lawyers, who know how to win. Contact us today to schedule your free consultation. We’ll discuss your case with you, answer any questions that you have, and advise you on your best course of action. Our office is conveniently located in Knoxville with plenty of free parking. Call (865) 691-2777 or use the convenient contact form below.
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