- Choosing the right workers’ compensation attorney is an important decision as the workers’ compensation claims process can be very complex and involve many stages which can cause some firms to cut corners with their clients’ legal representation.
- At The Law Office of Stephen C. Gaubert, we want to share our legal knowledge and expertise, as well as educate you on your rights as a Louisiana employee, empowering you to make responsible and informed decisions in case of a work-related injury or illness.
- While most claimants wait until their benefits are stopped or they are denied essential medical treatment by their employer’s workers’ compensation insurance company before they consider hiring an attorney, we strongly advise that all individuals with workers’ compensation claims seek legal representation early to ensure you get the settlement you deserve.
- In more than 90 percent of the workers’ compensation cases we’ve seen, insurance companies have significantly violated an individual’s rights, making it extremely important that you seek legal representation at the start of your workers’ compensation case.
- Having an attorney involved in your case early on can keep your employer and their workers’ compensation company from sending you to their preferred company doctor who could minimize your injuries and send you back to work, potentially making your condition worse.
- The reputation of an experienced workers’ compensation lawyer and his guidance on your case can be very powerful in settlement negotiations and the amount you ultimately receive in compensation.
How can an Attorney Strengthen Your Workers’ Compensation Case?
The last thing you need when looking for a workers’ compensation attorney is “the hard sell.” At The Law Office of Stephen C. Gaubert, we want to share our legal knowledge and expertise, as well as educate you on your rights as a Louisiana employee, empowering you to make responsible and informed decisions in case of a work-related injury or illness.
The workers’ compensation claims process can be very complex and involve many stages, causing some firms to cut corners with their clients’ legal representation. Choosing the right workers’ compensation attorney is an important decision, but you can rest assured knowing that when you contact our office, you’ll receive only the highest quality advice and recommendations for your unique case.
Should I Hire A Workers’ Compensation Attorney?
There are several aspects of workers’ compensation claims to consider when deciding whether or not to hire an attorney for legal representation. If you are denied benefits or are asked to appear before a workers’ compensation judge, the advice and representation of an attorney who has experience and expertise in this practice area can prove resourceful.
Other instances in which you may need an attorney are:
- if your employer attempts to terminate, suspend or modify your benefits
- if you wish to have your benefits reinstated after they’ve been discontinued
- if you wish to have your case settled, meaning you would prefer a lump sum payment
Be sure to review any documents you do not fully understand with an attorney.
Unfortunately, most claimants wait until their benefits are stopped or they are denied essential medical treatment by their employer’s workers’ compensation insurance company before they consider hiring an attorney. We strongly advise that all individuals with workers’ compensation claims seek legal representation before these events take place in order to ensure you get the settlement you deserve. An experienced attorney can assist you every step of the way and explain, in detail, the events of your case as they unfold.
Your attorney will collect copies of your:
- Medical bills
- Medical records
- Doctors’ narrative reports
- Test results
- Employment background
Your attorney will also contact the workers’ compensation insurance company to let them know that you have representation in case your rights are violated. Having an attorney on side your side can help to keep a workers’ compensation insurance company from cutting off your weekly benefits, refusing to give you medical care or paying you less than you are due in compensation benefits. Insurance companies understand that an attorney can force them to pay these benefits plus penalties and attorney fees if they are arbitrary and unfair to you.
Unrepresented v. Represented Workers’ Compensation Cases
In more than 90 percent of the workers’ compensation cases we’ve seen, insurance companies have significantly violated an individual’s rights. When an attorney is present from the beginning of the case, they can have:
- A suit filed immediately
- A court appearance within days
- A fast trial process compared to being unrepresented
On the other hand, an unrepresented client who trusts their employer’s workers’ compensation company to do the right thing will typically seek out and hire an attorney only after their rights are violated, which can take a considerable amount of time. After being hired, the attorney has to build their case. It can take several months before the attorney is armed with the necessary information to file a lawsuit and successfully prosecute your case. During this delay, however, you might be without workers’ compensation benefits or essential medical treatment.
Additionally, having an attorney involved in your case early on can keep your employer and their workers’ compensation company from sending you to their preferred company doctor who could minimize your injuries and send you back to work, potentially making your condition worse. Experienced workers’ compensation attorneys know the best, most reliable doctors and will not let your choice of doctor ruin the outcome of your case.
The reputation of an experienced workers’ compensation lawyer and his guidance on your case can be very powerful in settlement negotiations and the amount you ultimately receive in compensation. Your attorney will know that the right time to settle is when you have fully recovered, as well as that the settlement must be done before all medical treatment is stopped and before you have returned to work. It’s uncommon for workers’ compensation insurance companies to settle with you when they are no longer paying out money on your case. An experienced attorney will recognize this “settlement window” and can work to maximize the amount of your settlement through negotiations based on the Workers’ Compensation Act and the Schedule of Benefits which allow settlement of cases.
