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Should I hire an attorney for a worker's compensation case?

In a perfect world, you shouldn't need an attorney if you've been in a workplace accident. However, there are several instances in which hiring an attorney can make a significant impact on your worker's compensation case.

Here's when you should NOT need to hire an attorney.

  • If you have not, or will not miss any time off of work due to your injury.
  • You had no pre-existing injury similar to the claim.
  • Your employer admitted that the injury happened at work.
  • Your injury is considered minor: such as a sprain, or cut requiring few stitches.

If your worker's comp does not meet those requirements, then you should consider hiring an attorney if you have the following issues.


Here's when you should hire an attorney for a worker's compensation case.

  • Your settlement offer does not cover all of your medical bills and lost wages. Should you receive an offer that is less than what covers what you've already lost, that's not fair to you. An attorney can help negotiate a more reasonable settlement.
  • You've been punished for filing a claim. If you've been fired after you've become injured on the job, or even had your hours reduced or discriminated against you in any way, you are entitled for a settlement.
  • Your injury prevents you from returning to your original job. If your injury is severe enough, and happened in a field where it prevents you from doing your job, then you need an attorney to help. It's possible that you could be eligible to receive weekly payments due to a partial disability or permanent disability preventing you from returning to work.
  • Your employer rejects your claim. Over 80% of workers claims that are denied are never appealed. Hiring an attorney can mean not paying unless you receive a settlement, so why should you not appeal?
  • If you receive social security benefits, your settlement claim can become unnecessarily complicated and structured improperly. Let a professional guide you through the settlement process as smoothly as possible.
  • If negligence was involved, which could lead to a third-party case. If there's any chance that a third party could be held liable in a civil court, use an attorney to make sure that you are properly represented. Unlike worker's compensation, civil suits take things like pain and suffering into consideration.

If you've been injured at work, and aren't sure if you need an attorney or not, call us at Bart Durham Injury Law for a free consultation at 615-242-9000. You only pay for our services if you win your case. You deserve to be paid for what you've gone through.

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