What Are the Dangers of Handling a Workers’ Compensation Claim Without Legal Help?
If you have been injured at work, you may wonder if hiring a lawyer is necessary. While the decision to seek legal help depends on the circumstances of your case, most injured employees find that having a lawyer who can advocate for their rights significantly improves their chances of success. Workers’ compensation claims can be complex, and navigating the process alone can put you at a significant disadvantage. Employers and their insurance companies are often represented by experienced workers’ compensation lawyers who understand the complexities of the law, and you must have the same level of expertise on your side to avoid risking losing access to the benefits you need to recover and move forward.
When Is It Possible To Represent Myself in a Workers’ Compensation Claim?
You are not legally required to hire an attorney to receive workers’ compensation benefits. In certain straightforward situations, you could handle the claim yourself if:
- Your employer acknowledges your injury is work-related
- The insurance company does not overly delay processing your claim
- You suffered a minor injury that requires minimal medical attention
- You didn’t miss work due to the injury
- You don’t have a pre-existing medical condition that could complicate your claim.
The Dangers of Handling a Workers’ Compensation Claim Without Legal Help
By handling a workers’ comp claim alone, you may be putting yourself up for several risks, including the following:
Lack of Vital Evidence
To secure workers’ compensation benefits, you must provide sufficient evidence to support your claim. This includes detailed medical records, expert testimony, and other documents proving your injury and its impact. You may struggle to gather and present the proper evidence without legal guidance, leaving your claim susceptible to denial.
Inability To Prove Long-Term Costs
Proving the full financial impact of your injury, both current and future, is critical. Without an attorney, you might underestimate or fail to document the exact amount of compensation required to cover these losses. However, an attorney works with financial and medical experts to ensure that every aspect, from medical bills to future earning potential, is accurately calculated and presented.
Risk of Errors or Omissions
Errors, such as incorrectly filling relevant forms or mishandling interactions with insurance adjusters, can jeopardize your claim. For instance, giving the insurance company a recorded statement or downplaying your injury might lead to unfair outcomes.
Failure To Meet Deadlines
Workers’ compensation claims must be filed within strict timeframes. In Vermont, you must file a workers’ compensation claim within six months from the date of the injury, and missing this deadline may result in losing the right to compensation.
Settling for Less Than You Deserve
Without legal help, you may not recognize the full value of your claim. The insurance company might pressure you into accepting a low settlement, leaving you under-compensated for your losses and paying out-of-pocket expenses.
Can I Hire an Attorney Later if I Initially Filed Without One?
Yes, you can hire a workers’ compensation attorney at any stage of the process. Even if you’ve started your claim independently, an experienced lawyer can step in to strengthen your case, address errors, and maximize your compensation.
Legal Help Is Available
Our Vermont workers’ compensation lawyer at Sluka Law PLC can help protect your rights and secure the benefits you deserve. Contact us at 802-457-1000 today to schedule a consultation and discuss your case.
Source:
aoa.vermont.gov/sites/aoa/files/workers-comp/Workers-Comp-Guide.pdf
