How a work injury lawyer can help you.
Myth: I don't need to work with a work injury lawyer.
A lot of injured workers believe there’s no reason to work with a work injury lawyer following a workplace injury. The idea is that retaining a work injury lawyer will upset the employer, will end up with most of the ultimate recovery, and is unnecessary because the workers compensation adjuster seems nice and will look out for the best interests of the injured worker. These are myths I used to believe when I was a union construction worker.
Looking back, I was foolish for believing those myths. Don’t make the same mistakes I did.
First, who cares if an employer might become “upset” that the injured worker has retained a work injury lawyer? Workers compensation is an administrative right of virtually all employees and is not a direct lawsuit against an employer. Instead, a workers compensation claim is simply a claim against the employer’s insurance; insurance an employer is mandated by law to carry. Plus, laws are in place to protect a worker from retaliation in the event the employer retaliates against an employee for making a workers compensation claim. Fortunately, though, most high-quality employers understand this distinction and let the claims play out without much, if any, intervention. Finally, especially in today’s market, employees need to look out for their own best interests, and it is almost in their best interest to maximize their recovery following a claim. A work injury lawyer will do that for you.
Second, a work injury lawyer will not obtain the majority of the ultimate recovery. Attorney fees are set by statute at a maximum of 20% of the overall award. Attorneys are also entitled to obtain recovery for expense outlays incurred in pursuing a claim. In the vast majority of cases, retaining a work injury lawyer will substantially increase the value of a claim to the point where even after paying 20% attorney fees and expenses, the injured worker is walking away with much more money at the end of the claim than had they settled the claim on their own without a work injury lawyer.
Third, workers compensation insurance adjusters are often very friendly. But they certainly do not have the best interests of an employee at heart. Instead, it is in their best interest to pay the minimum amount possible on each and every workers compensation claim. They’re often able to accomplish this goal by misleading injured workers into thinking that they have their best interests at heart.
Don’t make the same mistake I used to make by falling for those common misconceptions. If you’re injured at work, don’t wait – retain a work injury lawyer immediately.