Should You Handle Your Own Workers Compensation Claim?

When to Hire a Workers Compensation Attorney

Many injured workers use our free consultation program to inquire about handling their workers compensation case without counsel.  They are often concerned about “hiring an attorney to go up against their employer.”

In many cases, the injured worker may be able to handle the claim himself.  For example, if a worker suffers an injury at work that is covered by workers compensation, no disputes exist, and the injury heals back to normal, the injured worker may not need counsel.  Similarly, if an injured worker is paid full workers compensation benefits, has a permanent injury, and receives a fair settlement offer as compensation for the permanent partial impairment, the injured worker may not need an attorney.

There are, however, ample situations where an injured worker may benefit greatly from qualified representation.  The Indiana Workers Compensation Act and the insurance carrier may not provide for fair compensation in many types of cases.  Here are some reasons to consider hiring an attorney to help navigate your workers compensation case:

• If an injured worker has a high probability of requiring future medical care as part of the claim, insurance companies oftentimes will not offer to keep the medical portion of the case open to pay for future medical care.
• Many insurance carriers hire doctors (who receive ongoing referrals from the carriers) and tend to minimize injuries at the time of settlement so that the settlement offered to the injured worker is low.
• An injured worker may have a claim for the highest benefit available under Indiana law which is called permanent total disability (PTD), which pays an injured worker a weekly workers compensation check for life.

In these situations, it’s advisable to seek the counsel of a qualified workers compensation attorney.

Denied Claims

Sometimes claims are denied because they are deemed “not work related”. In these cases, the injured worker may need to present a case against an insurance carrier, and can benefit from legal counsel that knows the workers compensation system well.

As information becomes more readily accessible to workers, our firm sees many injured workers trying to represent themselves.  Sometimes, this is a good plan so that the worker does not have to pay an attorney’s fee.  However, in most cases, this is not a good plan.  The attorneys at Klezmer Maudlin will honestly evaluate your case through a free consultation and tell you whether or not you would benefit from representation. We often tell prospective clients that they do not need our help, but are candid and up front if they can benefit from our counsel.

Since we founded our law firm, we have helped more than 30,000 workers in Indianapolis, Evansville and throughout Indiana explore and pursue workers compensation benefits and many other forms of relief available to them. In fact, Thomson West selected attorneys Randal M. Klezmer and Nathan B. Maudlin to write a guide that is used by lawyers across the state: The Indiana Workers Compensation Law and Practice Manual.

Call or connect with us online to discuss your case. We can learn more about how your construction fall occurred and craft a legal strategy that is tailored to meet your unique needs and goals.