Do You Need an Attorney to File for Workers’ Compensation Benefits?

Mar 18, 2013

Filing for workers’ compensation benefits can be a confusing and stressful process.

You may be wondering whether or not you need to get an attorney involved in the process. The answer is that a number of factors can determine whether or not you need legal representation, and knowing what situations may constitute the need for an attorney can help you to feel better prepared.

When You May Need an Attorney

If any of the following circumstances apply to you, it may be in your best interest to consult with an attorney regarding your workers’ compensation claim:

  • You require surgery due to your workplace injuries.
  • You do not feel that you can continue to work regularly in any type of job.
  • You had significant pre-existing conditions or disabilities.
  • You feel that you could work in some type of capacity but not in your current position.
  • You have been denied medical benefits.
  • You don’t feel that the benefits you are receiving are correct or that there are other benefits you should be receiving.
  • Your employer, insurance company, or workers’ compensation program made an adverse action regarding your claim that you wish to dispute.

When an Attorney May Not Be Necessary

If your work related injury is fairly minor and you expect to be back to work at your current job within only a few days or weeks, you may not need to hire an attorney for your workers’ compensation claim. This is because the injury is not expected to result in a permanent loss of a bodily function.

For example, you suffered from an uncomplicated hand injury on the job, and workers’ comp paid your medical bills and gave you a weekly cash benefit while you were out of work.

You then completely healed and got your doctor’s permission to return to work. In this case, you likely do not need to consult with an attorney.


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