How to Know When It’s Time to Hire a Workers’ Compensation Lawyer
In New Jersey, the workers’ compensation insurance system is designed to make recovering financial compensation for a work-related injury simple for workers. Unfortunately, this is not always the reality. If you get hurt on the job, there are many complications that may arise during your claim, making it important to know when it’s time to hire a New Jersey workers’ compensation lawyer.
You Have Severe or Catastrophic Injuries (or a Loved One Died)
For the most part, simple workers’ compensation claims involving mild or minor injuries can be handled by the worker without the need for legal representation. The insurance company should offer a fair settlement that covers the victim’s medical bills and any temporary disability or lost wages caused by the injury.
However, if a claim involves catastrophic injuries or the death of a worker, it can become more complex. Insurance providers often try to undervalue these claims to protect their own profits, making it difficult for claimants to achieve fair results without hiring attorneys to take care of negotiations. If you’ve lost a loved one, make sure to contact a wrongful death lawyer in New Jersey.
Your Workers’ Compensation Claim Has Been Denied
A workers’ compensation claim could be denied for many reasons, including alleged missed deadlines, insufficient evidence, “unnecessary” medical care or allegations that the injury did not happen at work. If your claim is denied for any reason, it’s time to speak to a New Jersey personal injury attorney. An attorney can help you with the appeals process if the denial is unfounded.
There Is a Liability Dispute
If your employer or the insurance company is denying liability or legal responsibility for your work-related injury, hire an attorney to help you argue your case. An attorney can help you prove liability by gathering evidence such as witness statements, expert testimony, accident reports, and photographs or video footage.
Your Claim Involves Pre-Existing Injuries
Pre-existing injuries are commonly involved in New Jersey workers’ compensation cases and do not preclude the worker from making a financial recovery. However, insurance companies often dig into medical histories to find pre-existing injuries and conditions to use against the worker. In this situation, you can rely on an attorney to provide evidence that proves the recent accident caused your injuries or exacerbated an existing condition.
The Settlement Offered Is Too Low
Lowball or inadequate settlement offers are a common way for workers’ compensation insurance providers to protect themselves. If you believe that the settlement you’ve been offered is inadequate for the degree of your injuries and extent of your losses, reach out to a workers’ compensation attorney to help you argue for a higher amount. An attorney can take over negotiations and even bring your case to trial, if necessary, for maximum compensation.
You Have a Third-Party Claim
Workers’ compensation claims are an excellent way to receive payment if negligence, or a lack of proper care, did not contribute to your workplace injuries. If you suspect that someone carelessly or recklessly caused the accident, however, it is in your best interest to consult with a personal injury lawyer.
You may have the right to file a claim outside of New Jersey’s workers’ compensation system and receive greater coverage for your losses (for example, pain and suffering damages) by holding the negligent party accountable. An attorney can help you establish and prove your case against your employer or a third party using evidence.
If you face any challenges or simply wish to receive personalized legal advice at no cost or obligation for your workers’ compensation claim in New Jersey, contact the Law Offices of Jeffrey S. Hasson to request your free consultation.