August 11, 2020

Can I File a Workers’ Comp Claim without an Attorney?

What is workers’ compensation?

Workers’ compensation, also known as workers’ comp, workman’s compensation, and work injury compensation is when an employee receives financial compensation or assistance after they have been injured or become ill due to a work-related incident.

Workers’ compensation is relatively similar from state to state but some factors that vary are things like what is covered under workers’ compensation and at what point companies are required to carry workers’ compensation insurance.

Workers’ comp laws in North Carolina, for instance, require any company with three or more employees to carry workers’ compensation insurance.

What types of things does workers’ compensation cover?

The specifics of what workers’ compensation can (or must) cover will depend on the state in which you work.

Most commonly, workers’ comp covers things like medical costs, doctor fees, costs for medication or treatment, temporary disability, permanent disability, and so on.

You will check your state’s laws surrounding workers’ compensation to have a complete understanding as to what is covered.

Can I dispute my workers’ compensation without going to court?

Yes.

Most times, even when a lawyer is involved, an agreement is made without taking the matter to court.

If you have a strong understanding of the legal system, your state’s laws, and workers’ compensation insurance, you may be able to dispute your case directly with your employer’s workers’ comp insurance provider.

Most times, a workers’ compensation attorney has dealt with your insurance provider, and they are able to negotiate your claim without going to court as well.

Do I need a lawyer to file a workers’ injury lawsuit?

Filing a lawsuit against your employer and/or their work comp insurance provider may sound like a career-threatening choice, however, if they are not providing the compensation or assistance they are legally required, then you must take action.

In most cases, the workers’ compensation process is relatively easy.

Once you are injured or become ill due to a work-related incident, your employer and/or their insurance provider will provide details on what compensation you will receive.

If there are no elements of the claim you wish to dispute, you do not need to hire a workers’ compensation attorney.

However, many times, the insurance provider will look to provide the lowest possible payout.

Severe injuries or illnesses typically means higher compensation, and when an employee sees a check or statement saying they will receive a large sum of money, they don’t see any need to dispute the amount.

There are an endless number of important factors you must take into account when receiving compensation for your work injury.

A seemingly large compensation payout may seem like it is enough (or even more than enough) to cover the costs associated with your work injury, however, without a professional reviewing your injuries and claim, you are at great risk of causing yourself a lot of longterm financial struggles.

For instance, if your injury is something that will cause pain or discomfort for the rest of your life – or even a long period of time – frequent visits to the doctor and constant medication refills can alone add up to a number far greater than the workers’ compensation amount you received.

Additionally, if your work injury forces you to change roles or retire earlier than expected, the salary or hourly wage you are receiving will almost certainly decrease.

Related: Workers’ compensation due to a co-worker’s negligence¬†

Put simply, you are able to file a workers’ comp claim without an attorney, however, you may miss out on the compensation you deserve without a legal expert to review your case.

In other words, we strongly advise anyone who questions their workers’ compensation claim to speak with an attorney.

We have seen countless individuals affected to unfair compensation and at a certain point, you will no longer be able to file a claim or dispute your workers’ compensation amount.

Most workers’ compensation lawyers offer a free consultation to hear the details surrounding your case. They also review your employer’s insurance provider’s claim documents to make sure it aligns with your state’s laws and the agreement you and your employer made.

Related: Workers’ Comp Attorneys in Mecklenburg County, NC

How do I know if I need to file a workers’ compensation lawsuit?

The easiest way to make sure you have received fair compensation for your work injury is to speak with an attorney.

We are worker’s comp lawyers in Charlotte, North Carolina, and although we may not be able to personally represent you or dispute your claim, we know worker’s compensation attorneys across the country and will be able to help you find the best possible legal partner for your case.

If you have any questions regarding your injuries, your compensation or, workers’ compensation in general, feel free to contact the attorneys at Waple & Houk for a free consultation.