Stephen Hasner | Workers' Compensation | March 28, 2025
Workplace injuries and occupational illnesses can be devastating, leading to lost earnings, mounting medical expenses, and uncertainty about the future. Workers’ compensation exists to provide financial support and medical benefits to employees who suffer work-related injuries or illnesses.
However, navigating the workers’ compensation system can be complex, and not all claims are straightforward. That’s where a legal advocate comes in.
If you’ve suffered harm due to your job, you don’t have to handle your workers’ compensation claim on your own. A skilled workers’ compensation attorney can represent your best interests and help ensure you get the benefits you deserve.
Understanding Workers’ Compensation
Workers’ compensation, also called “workers’ comp,” is a state-mandated insurance program that provides financial assistance to employees who sustain injuries or illnesses related to their job duties. This system is designed to protect both employees and employers by ensuring that workers receive compensation without the need for litigation while employers are shielded from costly lawsuits.
Workers’ compensation typically covers a wide range of losses and expenses for hurt employees. However, workers must meet specific criteria to qualify for benefits, including proving that their injury or illness was work-related.
What Injuries and Illnesses Does Workers’ Comp Cover?
Workers’ compensation covers a wide variety of injuries and medical conditions. Some of the most common ones include:
- Repetitive stress injuries (such as carpal tunnel syndrome)
- Broken bones
- Burns and electrical injuries
- Hearing or vision loss due to workplace conditions
- Occupational illnesses such as lung diseases and certain cancers
- Traumatic brain injuries
If you’re injured at work or receive a diagnosis for a condition, workers’ compensation is likely to cover it. However, you must show that the injury or illness was directly caused by your occupation.
While workers’ comp covers a broad range of injuries, there are exclusions. Common examples include:
- Self-inflicted injuries
- Injuries sustained while intoxicated or under the influence of drugs
- Injuries resulting from horseplay or willful misconduct
- Pre-existing conditions that are not worsened by work conditions
- Injuries sustained while commuting to and from work (unless the employee was performing work-related duties at that time)
If you’re unsure of whether workers’ compensation covers your type of injury, you should not hesitate to consult with a workers’ comp lawyer. An attorney can help you understand how workers’ compensation works in your state, whether you’d be entitled to benefits, and if so, how much.
Benefits Available Through a Workers’ Compensation Claim
Getting hurt at work can result in serious financial burdens. For this reason, injured workers can receive various benefits from workers’ compensation. Some of the most notable benefits include the following:
Medical Benefits
Receiving medical treatment can be particularly costly, especially for more severe injuries and conditions. Workers’ compensation pays for necessary medical treatments related to the injury or illness, including hospital stays, surgeries, medications, rehabilitation, and assistive devices.
Wage Replacement Benefits
If you’re unable to work, workers’ compensation can provide wage replacement benefits. The benefits you’re entitled to depend on the circumstances but can include:
- Temporary Total Disability (TTD): If an employee is unable to work for some time due to an injury, TTD benefits provide partial wage replacement.
- Temporary Partial Disability (TPD): If an injured worker can perform light duty at reduced pay, TPD benefits help bridge the income gap.
- Permanent Total Disability (PTD): If a worker is permanently unable to work, PTD benefits offer long-term financial assistance.
- Permanent Partial Disability (PPD): If an employee sustains a permanent injury but can still work in some capacity, they may receive compensation based on the severity of the disability.
Being unable to work and losing income is one of the hardest parts of suffering an injury. Wage replacement benefits can substantially help ensure you’re still able to provide for yourself and your family.
Vocational Rehabilitation
Some states provide vocational rehabilitation services to help injured workers retrain and find new employment if they are unable to return to their previous jobs.
Death Benefits
Losing a loved one unexpectedly can be devastating emotionally. Additionally, the loss of an income earner can have a big impact on a family’s financial stability.
If a worker dies due to a job-related injury or illness, their dependents may receive death benefits, including compensation for funeral expenses and financial support for surviving family members.
Do You Need a Workers’ Compensation Lawyer?
If you’re hurt at work, you should take certain steps to protect your rights. Hiring an experienced workers’ compensation attorney can be one of the best decisions you make for yourself and your future.
Many injured workers don’t even consider consulting with a lawyer due to the way workers’ compensation functions. While it is true that workers’ comp insurance helps forgo the need for litigation, it doesn’t mean a lawyer isn’t needed.
While some workers’ compensation claims are straightforward, others become complicated due to disputes, denials, or employer retaliation. Hiring an attorney significantly improves your chances of securing full and fair compensation for your claim.
When is the Right Time to Hire Legal Representation for a Workers’ Comp Claim?
The best time to hire a lawyer is as soon as possible after sustaining a work-related injury or illness.
Time is limited to file a workers’ compensation claim, and the sooner you hire a lawyer, the quicker they can step in and help with your claim. Also, early legal intervention can prevent claim denials, secure stronger evidence, and maximize your chances of receiving fair compensation.
Situations Where Hiring a Workers’ Compensation Attorney is Vital
While hiring a lawyer early on is best, you can hire a workers’ compensation attorney at any point during your claim process. However, if any of the following situations pertain to you and you do not have legal representation, it is highly recommended you seek legal counsel right away to improve your chances of reaching a favorable result.
Your Claim is Denied
Insurance companies frequently deny claims, hoping employees will not appeal. If your claim is denied, an attorney can gather evidence, file an appeal, and represent you in hearings to pursue approval and benefits.
Your Benefits Are Delayed or Inadequate
When you’re dealing with an injury or medical condition, you need your benefits as soon as possible. Sometimes, insurers approve claims but delay payments or provide lower benefits than you deserve. When this happens, a lawyer can push for timely payments and fair compensation.
You Have a Pre-Existing Condition
If you have a pre-existing condition that affects the same body part as your work injury, this could complicate the situation a bit. Insurers may use this detail as an excuse to deny your claim, stating you didn’t actually suffer an injury at work and, instead, it’s just your pre-existing condition.
An attorney can prove that your job exacerbated your condition by providing strong medical evidence to help ensure your claim is approved.
Your Employer Retaliates Against You
As an employee protected by workers’ compensation, you have every right to file an insurance claim when you’re hurt at work or develop a medical condition. Your employer should never retaliate when you exercise your right.
Unfortunately, some employers terminate, demote, or mistreat employees who file for workers’ compensation. If you face retaliation, a lawyer can protect your rights and help you take legal action against your employer.
Your Injury Prevents You from Returning to Work
In some cases, a work injury may be so severe that it can prevent an employee from returning to work altogether. When this happens, you deserve compensation to alleviate your financial burdens and stress.
If your injury results in a long-term or permanent disability, a lawyer can ensure you receive the highest compensation possible and explore other avenues for financial support.
You are offered a Settlement
Injured employees feel a sense of relief when the insurance company offers a settlement. However, while this may seem like a reason to celebrate, it’s important to ensure the offer is fair and adequately compensates you for your injuries and losses.
When the insurance company offers a settlement, it’s not uncommon for it to be lower than what you deserve. A lawyer can evaluate the offer and negotiate for a just amount that accounts for present and future medical expenses as well as lost wages.
Your Employer Does Not Carry Workers’ Compensation Insurance
Under state workers’ compensation laws, certain employees are required to carry workers’ comp insurance for their employees. For example, in Georgia, every employer that regularly employs three or more persons, whether part-time or full-time, must provide insurance coverage.
If your employer does not carry workers’ compensation insurance as they should, you may need to file a personal injury lawsuit. An attorney can guide you through this complex legal process.
A Third party is Involved
Workers’ compensation insurance generally protects employers from liability when an employee suffers an injury. However, this protection does not extend to third parties.
If someone other than your employer contributed to your injury (i.e., a negligent subcontractor or equipment manufacturer), you may have grounds for a third-party lawsuit. A workers’ compensation attorney can determine what parties you would have a claim against and represent you throughout your case.
Benefits of Hiring a Workers’ Compensation Lawyer
Hiring a legal representative to handle your workers’ compensation claim comes with numerous advantages. Some of the most important benefits of hiring a seasoned lawyer include:
Maximizing Your Compensation
The goal of filing a workers’ compensation claim is to get full compensation and benefits. Workers’ compensation attorneys understand how to calculate the full value of your claim, ensuring you receive every benefit you’re entitled to.
Handling Complex Paperwork
Workers’ compensation claims involve extensive paperwork, which needs to be filled out carefully and submitted on time. Failing to properly handle your paperwork can result in claim denials and delays. A knowledgeable workers’ comp attorney ensures all documents are correctly filed and deadlines are met for best results.
Representing You in Court or Hearings
If your claim is denied, it does not mean it’s the end of the road. You may have additional options, including scheduling a hearing or taking your claim to court.
When you must take further action to pursue approval of your benefits, you should have legal representation. A lawyer can present evidence, cross-examine witnesses, and argue your case before the fact finders.
Protecting Against Employer Retaliation
Retaliation from an employer is illegal, but this doesn’t mean employers don’t try to take out their frustrations on you when you file a workers’ compensation claim through their insurer. However, having legal representation often deters employers from retaliating against you, helping you feel more protected.
Reducing Stress
Suffering an injury and dealing with the physical and mental challenges is stressful enough. You shouldn’t have to handle your workers’ comp insurance claim alone, which can only add to your worry and perhaps even delay your healing.
A lawyer can handle all legal aspects of your claim, so you don’t have to. This can give you peace of mind and allow you to focus your time and energy on rest and recovery.
Do Not Wait to Get the Help You Deserve
Day in and day out, you go to work to earn a living. For many employees, the last thing they expect is to suffer injury due to their occupation. Still, this is a reality for countless workers.
If you have suffered a workplace injury or illness, you have a right to file a workers’ compensation claim. Obtaining benefits is essential for your financial well-being and recovery. While some claims may proceed smoothly, many face obstacles that require legal knowledge and experience. Remember, it is never a good idea to try and negotiate with an insurance company by yourself.
Hiring a workers’ compensation lawyer increases your chances of receiving full benefits, prevents claim denials, and ensures your rights are protected. Do not wait to hire a legal representative, as this could mean a delay in receiving benefits. Consult with a workers’ compensation attorney today to begin working on your claim and get one step closer to securing the compensation you deserve.
