When Should You Hire a Workers’ Comp Lawyer?

By Pyle Law, Reviewed by E. THomas Pyle November 24 2023 5:45 am
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When Should You Hire a Workers’ Comp Lawyer?

By Pyle Law, Reviewed by E. THomas Pyle November 24 2023 5:45 am
When Should You Hire a Workers’ Comp Lawyer?

Navigating a workers’ compensation claim can be a complex process, and there are situations where hiring a Kansas workers’ comp lawyer becomes essential. Understanding when to seek legal representation is crucial to ensure your rights are protected and you receive the compensation you deserve under Kansas law.

 

Initial Denial of Your Claim

If your workers’ compensation claim is initially denied by your employer or their insurance carrier, it’s a red flag that legal assistance may be necessary. A workers’ comp lawyer can review the denial, assess the reasons behind it, and help you build a robust appeal.

 

Dispute over the Severity of Your Injury

When there is a dispute over the severity of your workplace injury, leading to disagreements on the extent of benefits you are entitled to, consulting a lawyer is advisable. They can gather medical evidence, consult with experts, and present a compelling case to ensure you receive the appropriate compensation for your injuries.

 

Pre-Existing Conditions or Aggravation of Injuries

If you have pre-existing conditions that were aggravated or exacerbated by a workplace accident, the claims process can become more intricate. A workers’ comp lawyer can help distinguish between pre-existing conditions and new injuries, ensuring you receive compensation for the workplace-related portion of your medical issues.

 

Permanent Disability Claims

In cases involving permanent disability, it’s crucial to determine the extent of the disability and the impact on your ability to work. A workers’ comp lawyer can work with medical professionals to assess the permanency of your injuries and negotiate for fair compensation, considering factors like vocational rehabilitation and future medical expenses.

 

Retaliation or Discrimination

If you believe you are facing retaliation or discrimination from your employer due to filing a workers’ comp claim, seek legal assistance promptly. Kansas law prohibits employers from retaliating against employees for exercising their rights to claim workers’ compensation benefits.

 

Inability to Return to Work

If your workplace injury prevents you from returning to your previous job or any gainful employment, a workers’ comp lawyer can help you navigate the process of obtaining permanent total disability benefits. These benefits are designed to provide financial support for individuals who are unable to work due to a workplace injury.

 

Insurance Company Delays or Issues

Insurance companies may delay or dispute claims to minimize payouts. If you encounter issues with the insurance company, such as delays in receiving benefits or improper denial of specific treatments, a workers’ comp lawyer can intervene, ensuring your rights are protected.

 

Complexities in Filing Forms and Meeting Deadlines

Workers’ comp claims involve various forms and deadlines, and missing any crucial timelines can jeopardize your case. A lawyer can guide you through the paperwork, ensuring accurate and timely submission to avoid potential claim denials.

 

Third-Party Liability Claims

If a third party not affiliated with your employer contributed to your workplace injury, you may have the right to file a third-party liability claim. If someone else was negligent and caused your accident, you can seek additional compensation, including for the pain and suffering you experienced. Some situations when this might be possible include:

  • Another driver caused a vehicle crash while you were driving to work
  • Equipment had manufacturing defects that led to your injuries
  • A contractor onsite was careless with tools and caused your accident

Workers’ comp lawyers are well-versed in handling these complex cases, maximizing your potential for additional compensation.

 

Negotiating Lump-Sum Settlements

In some cases, the insurance company may propose a lump-sum settlement rather than ongoing benefits. Before accepting such an offer, it’s advisable to consult with a workers’ comp lawyer who can assess whether the settlement adequately covers your present and future needs.

 

Consult a Kansas Workers’ Compensation Attorney Today

Knowing when to hire a workers’ comp lawyer in Kansas is essential for safeguarding your interests and securing the compensation you deserve after a workplace injury. Whether you face initial claim denials, disputes over benefits, or issues with your employer or the insurance company, seeking legal assistance ensures you have an advocate who understands the intricacies of workers’ compensation laws in Kansas. 

Our skilled lawyer from Pyle Law can guide you through the process, protect your rights, and work towards obtaining the full and fair compensation you need for recovery and financial stability. Contact us today for a free consultation.

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E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.