Do I Need A Workmens Comp Lawyer If I Am Already Receiving Checks?

Workers’ Compensation is quite a unique system.  It functions as an insurance system but with heavy government oversight of claims so that issues are not being resolved by insurance carriers alone.  There are many regulations and judge-made laws that go into many claims, and there is no substitute for having a lawyer on your side.

Whether your case is at the early stages of filing your initial claim petition or in the later stages where you are trying to defend your benefits, you should have a lawyer on your side.  There are many situations where you simply will not have the legal experience to handle your case, and if you are seriously disabled, you might not even be able to get the paperwork and filings together.  On top of that, there are situations where claimants who don’t have lawyers are economically disadvantaged and might not be able to proceed with their cases.

For a free evaluation of your case, no matter what stage you are in, call Cardamone Law at (267) 651-7945 to speak with our Certified Pennsylvania Workers’ Compensation Lawyers.

When Do You Need a Workers’ Compensation Lawyer in Pennsylvania?

Throughout a Workers’ Comp claim, you will potentially go to court at multiple stages of the case.  Any time you are initially filing your claim, along with any time you need to go to court, you should have a lawyer on your side.  There are also some other functions that a lawyer can help with, so if these issues arise in your case, you should call our Allentown Workers’ Comp lawyers right away.

Initial Claims

When you file your claim with your employer, you notify them of the injury, and it is up to them to file with their insurance carrier for your coverage.  If the employer or the carrier denies your coverage, you will likely have to file a petition to go to court and have the case resolved there.  Any time you get to court, you should have a lawyer help you.

In Court

When the claim goes before a Workers’ Comp Judge, there are legal issues you should have a lawyer review.  This can be as simple as helping you review a compromise and release agreement – a settlement – to ensure that the settlement has enough money in it to cover your needs, or it can be as complex as filing a claims petition and convincing the judge that your complex medical condition arose from working conditions.

In any case, there are laws your lawyer will know that you might not, as well as processes that our lawyers have experience handling on behalf of injured workers.

Financial Leverage

Many of the situations that Workers’ Compensation law puts claimants in make it impossible for them to afford to move forward without a lawyer.  When you need to hire medical experts, seek out additional medical evidence, and take depositions of witnesses and doctors to help prove your medical condition is work-related, those things all cost money up front.  However, when you have a Workers’ Compensation lawyer on your side, we can pay for those things at the outset then claim repayment for those costs as part of your case.  This ultimately means you pay nothing, as we get reimbursed for the costs of evidence from the case.  Additionally, you pay nothing up-front for our services, and we get paid from a portion of your winnings – or potentially even through a claim against the defendants for attorney’s fees.

Disability

If your disability is serious enough to keep you from working, then there is little expectation that you would suddenly be able to start doing the tasks of a lawyer on your own.  Working with a lawyer allows you to focus on your recovery while we focus on the legal issues.

Should You Hire a Workers’ Comp Lawyer if You’re Already Getting Checks?

Just because you already got your benefits granted does not mean that your case is over and that you won’t need a lawyer.  We mentioned that you should have a lawyer on your side any time you go to court, and you are likely to face eventual court petitions and hearings in a few scenarios where having a lawyer will be helpful.

First, employers are allowed to request that you submit to an independent medical examination (IME) after being on benefits for 2 years and every 6 months after that.  At this review, a doctor will determine whether you are still totally disabled, and if you are not, the employer will seek to have your benefits ended or suspended.  Our lawyers can help you prepare for these reviews and hearings, and we can represent you in hearings.  We can also help you get medical evidence and reviews to counter any evidence that says your benefits should stop.

Second, if you do get better and can return to work, your benefits will be suspended – but if you get worse again, we will need to reopen your benefits.  We can file to have this done as needed.

Third, if you need additional medical coverage that might be outside the box or a bit unusual, it might be difficult to get it covered.  We can fight utilization reviews and present medical evidence to potentially get benefits covered for this kind of care.

Additionally, if your case ever has anything denied that you need, we can take it to court and appeal it to the Workers’ Compensation Appeals Board and potentially even the Commonwealth Court and Pennsylvania Supreme Court.

Do I Have to Pay for a Workers’ Comp Lawyer While I’m Receiving Benefits?

Workers’ Compensation lawyers primarily get paid for their services in court, meaning that you usually do not have anything to pay to simply maintain a relationship with a lawyer who can pick up your case when you need help.  There is no fee simply for calling us for a case review and getting to know the services we offer.  Then, if your case does need us or it goes back to court later, we can step in and help at that stage, seeking payment for those services as a portion of your winnings only after the case is resolved favorably.

Call Our Workers’ Compensation Lawyers in Pennsylvania Today

Reach out to Cardamone Law at (267) 651-7945 for a free case assessment with our Philadelphia Workers’ Comp lawyers.