If you have been injured on the job in Wisconsin, filing a successful workers’ compensation claim could be critical for avoiding financial strain during (and after) your recovery. While your medical bills and lost wages will add up quickly, if you are eligible to file for workers’ compensation, you can seek coverage for these costs—both now and in the future.
With this in mind, is it okay to try to handle your workers’ compensation claim on your own? Or, do you need to hire a lawyer to represent you?
You Will Want to Have an Experienced Workers’ Compensation Lawyer on Your Side
Technically, it is fine to try to handle your workers’ compensation claim on your own. You are not required to hire a lawyer to represent you, and you are well within your rights to try to navigate the process yourself. Many injured workers take this approach—typically because: (i) they have concerns about the costs of hiring a lawyer; or, (ii) they don’t realize that they can engage legal representation.
Unfortunately, many of these injured workers also end up with far less than they deserve.
These workers often also have an unfortunate misunderstanding of the costs of hiring a workers’ compensation lawyer. When you have a workers’ compensation claim, it does not cost you anything out-of-pocket to hire a lawyer. Workers’ compensation lawyers represent their clients on a contingency-fee basis, which means that their legal fees (if any) are calculated as a percentage of any disputed benefits they help their clients recover.
As a result, not only does hiring a lawyer cost you nothing out-of-pocket; but, even taking your lawyer’s contingency fees into account, you may still be able to collect more with an experienced lawyer on your side.
Let’s take a look at some of the ways an experienced workers’ compensation lawyer can help you:
- Making Sure You Are Eligible to File for Workers’ Compensation – Before you put the effort into filing a workers’ compensation claim, you first need to make sure you are eligible to do so. While most workers in Wisconsin are eligible to file, there are exceptions; and, if you aren’t eligible to file, you will need to explore your other options.
- Making Sure You Seek the Full Benefits You Deserve – When you have a workers’ compensation claim, it is up to you to make sure you are seeking the full benefits you deserve. If you don’t know how much you are entitled to recover (or don’t know how long you are entitled to receive payment), you won’t know if you are being treated fairly.
- Dealing with Your Employer and Its Insurance Company for You – When you file a workers’ compensation claim in Wisconsin, seeking the benefits you deserve generally involves dealing with your employer or its insurance company (or both). Your lawyer can deal with these companies for you to help ensure that they do not take advantage of you.
- Negotiating a Lump Sum Settlement (if Warranted) – If you are entitled to disability benefits for your on-the-job injury, it may be in your best interests to seek a lump sum settlement. Your lawyer can tell you if seeking a lump sum settlement makes sense in your case—and, if it does, your lawyer can negotiate for a favorable settlement on your behalf.
- Challenging a Wrongful Denial (if Necessary) – Even if you are clearly entitled to workers’ compensation benefits, this doesn’t necessarily mean that you will receive the benefits you deserve. If your employer or its insurance company wrongfully denies your claim, your lawyer can document the issues with your denial and file an appeal on your behalf.
Now, let’s say you don’t hire a lawyer to help you with your workers’ compensation claim. What can go wrong? If you try to handle your workers’ compensation claim on your own, some of the potential risks include:
- You will make mistakes that lead to delays, deductions, or denials.
- You won’t know if you are receiving the full benefits you deserve.
- You won’t be able to secure a favorable lump-sum settlement.
- Your employer’s insurance company will try to take advantage of you.
- You won’t be prepared to deal with wrongful delays or denials effectively.
These are just examples. To be clear, your lawyer cannot guarantee a favorable lump sum settlement, nor can your lawyer prevent your employer’s insurance company from acting in bad faith. But, with an experienced lawyer on your side, you can be confident that you are making informed decisions about your workers’ compensation claim, and you are far less likely to encounter unnecessary issues during the claims process.
What to Expect When You Hire a Lawyer to Represent You
If you hire a workers’ compensation lawyer to represent you, what can you expect from your legal representation?
1. No Out-of-Pocket Costs and Contingency-Fee Representation
As we discussed above, you should not have to pay anything out-of-pocket for your legal representation in this scenario. Not only that, but you should not have to pay anything unless your lawyer helps you collect benefits that were in dispute.
2. A Commitment to Your Best Interests
Unlike your employer and its insurance company, your lawyer will have your best interests in mind. You can expect your lawyer to provide legal advice and representation focused on helping you recover the benefits you deserve as efficiently as possible.
3. The Help You Need to Fight for the Full Benefits You Deserve
Even though workers’ compensation is a “no fault” system in Wisconsin, injured workers are frequently forced to fight for their legal rights. When you hire an experienced workers’ compensation lawyer, you can rely on your lawyer to fight on your behalf while you focus on your physical recovery.
Schedule a Free Initial Consultation with a Madison Workers’ Compensation Lawyer Today
Are you thinking about trying to handle your workers’ compensation claim on your own? If so, we strongly encourage you to contact us for a free consultation before you do so. To discuss your claim with an experienced Madison workers’ compensation lawyer in confidence, call 608-305-4518 or tell us how we can reach you online today.