5 Reasons Not To Hire a Workers’ Comp Attorney
YES! – you read that correctly. I am amazed over and over again in my practice by the concerns that most people have as to why they avoid hiring an attorney. It’s really a problem and I have no simple answer. However, I have put together the top five reasons I have heard as to why people do not believe they should hire an attorney. Yet if you do not, you can commit “5 Deadly Sins that can Derail Your NY Workers Compensation Case”.
No one wants to call a lawyer. It seems like opening a can of worms. Let’s examine some of your concerns.
1. I don’t want to lose my job. It is not in the employer’s best interest to fire an injured worker simply because he or she sought legal guidance regarding a work comp claim. The whole idea of workers’ compensation insurance is to avoid costly lawsuits. Firing an injured worker would encourage a lawsuit, and the employer knows it. In fact, the employer will be even more careful with an employee who is getting legal advice on his rights. In fact, most employers have nothing to do with the actual workers’ compensation claim other than filing out some forms and eventually paying a higher premium for insurance if they continue to have an unsafe workplace! (One purpose of Workers’ Compensation is to encourage Employers to make the workplace safer!)
2. I just want my medical bills to be paid. In the case of a civil lawsuit you have to pay your medical bills and make do with lost wages until the settlement. Not so with workers’ compensation cases. Workers’ Compensation Insurance should pay for your medical care as long as you need it, and send you a weekly payment while you are unable to work due to your work-related injury. You are entitled to compensation for lost wages and any ongoing disability resulting from your injury. These costs can continue after the medical bills stop. Medical expenses are often paid even after the injured worker returns to work. An experienced workers’ compensation attorney will make sure that you receive all of the benefits that you are entitled to.
3. I don’t want to sue my employer. Good, because you can’t. Not unless your employer intentionally injured you. An experienced workers’ compensation attorney will make sure that you are given all the benefits that you are entitled to under the law. If benefits are being denied or inappropriately delayed, the attorney will take that up with the insurance company, not with your employer. The employer will not be sued.
4. The adjuster seems nice enough. That’s an insurance adjuster’s job. He gets paid by the insurance company to keep the payouts low. He does this by making you feel comfortable so that you will not ask too many questions, and will just “go with the flow”. It is not the job of the insurance adjuster to advise you on additional benefits that you may be entitled to.
5. I can’t afford a lawyer. At Markhoff & Mittman the initial consultation is free. You may discover that you do not need a lawyer. If you do decide to continue with legal representation, the fees will be set by a workers’ compensation judge, and deducted from your benefits once we have won your case. There is no fee if we are unable to secure benefits from you. However, you may be responsible for expenses which we strive to keep at a minimum, and often waive.
No one wants to call a lawyer. But the road to justice starts with finding out the facts. It starts with understanding your rights under the law. The law firm of Markhoff & Mittman has been helping people in New York since 1933.
We are committed to protecting your rights and we are committed to representing our clients by defending their rights and protecting them in times of need.
Please give us a call at 866-205-2415 or investigate our website further. Come in for a free consultation. We may even swap a few jokes!
The road to protecting your rights under the law starts with Markhoff & Mittman.
Brian M. Mittman