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When Should You Hire a Workers’ Compensation Attorney?

James P. Leahy Attorney At Law Sept. 21, 2023

When you get injured at work, you may be eligible for workers’ compensation under the law. Unfortunately, navigating the legal landscape of workers’ compensation in Illinois can be too overwhelming and complicated, especially when done without legal help.   

If that sounds like your situation, you might want to work with an experienced attorney who is familiar with workers’ compensation laws in Illinois. The attorney you hire will be your ally throughout your case and will help you fight for your rights to secure the compensation to which you are entitled.  

At James P. Leahy Attorney At Law, I understand the challenges injured workers face when trying to navigate the complexities of the workers’ comp system. I am dedicated to ensuring the best outcome possible for those injured on the job in Elgin, Illinois, and throughout the surrounding areas, including Kane County, St. Charles, and Aurora.  

Why You Need a Workers’ Comp Lawyer

Being represented by a workers’ compensation attorney can make it much more likely that you will receive the benefits you deserve. Some of the reasons you might want to consider hiring an attorney for your workers’ compensation case include: 

  1. The legal process can be too complicated. If you have never filed a workers’ comp claim before, you are most likely completely unaware of the process. You may not know how to file a claim and what paperwork is necessary, not to mention that there are many important deadlines to consider when navigating the process. A skilled attorney can guide you through the process, ensure that the paperwork is prepared correctly and filed on time, and ensure all deadlines are met to avoid delays and complications along the way.  

  1. Dealing with the insurance company may be the most difficult and unpleasant part. An insurance company is a business that cares about saving as much money as possible. This can be done by undervaluing and denying claims whenever possible. For this reason, insurance companies are reluctant to let claimants get the benefits to which they are entitled without putting up a fight. The best signal to the insurance company that you will not settle for less than you deserve is if you are represented by an experienced attorney.  

  1. Your case may proceed to trial. Sometimes, workers’ compensation cases cannot be resolved through negotiations outside of court. When that’s the case, a claim may proceed to trial where you will be required to present your case in the courtroom. The importance of having legal representation at this stage cannot be overstated. An attorney will help you navigate the court system and ensure that your rights and interests are protected to the fullest extent possible.  

If you have been injured in the workplace or developed a work-related illness, you might want to reach out to a knowledgeable workers’ compensation attorney to begin working on your claim right away.  

When You Should Hire an Attorney

While it is always a good idea to retain the services of a skilled workers’ compensation attorney, there are certain situations that call for immediate intervention from an attorney:  

  • Your claim is denied. Insurance companies may deny workers’ compensation claims for a variety of reasons. With an attorney in your corner, you may be able to challenge the denial of your claim.  

  • You are being asked to provide a recorded statement. Insurance companies may ask claimants to provide a recorded statement when processing their workers’ comp claim. The only reason they do this is to try to find inconsistencies in your statements or something that would give them grounds to undervalue or deny your claim.  

  • Your employer retaliates against you or threatens you with retaliation. If your employer has retaliated against you or is threatening to undertake retaliatory actions if you file a claim for the benefits to which you are entitled, you might want to contact an attorney to protect your rights.  

  • The severity of your injury or disability rating is disputed. If your disability rating is being disputed by your employer’s insurance company, it is a tell-tale sign that the insurer may not be willing to compensate you fairly or award any benefits at all.  

  • You suffered temporary or permanent total disability. Workers’ compensation claims involving temporary or permanent total disability are the most complicated and costly ones. For this reason, insurance companies often employ numerous tactics to delay, deny, or reduce the claimant’s compensation in such cases.  

As a general rule, if you face any resistance from your employer’s insurance company after filing a workers’ compensation claim, it is most likely a good idea to contact an attorney immediately. The sooner you hire an attorney, the better your chances are of obtaining the most favorable outcome.  

Choose an Attorney Who Cares

Navigating the murky waters of workers’ compensation on your own can be complicated, especially when you need to focus on healing from your work-related injury. However, you do not have to go through this alone. At James P. Leahy Attorney At Law, I help Illinois workers secure what is available to them under state workers’ compensation law. Contact my office to schedule a free consultation and discuss how I can help you with your claim.