Getting hurt at work can cause turmoil in just about every area of your life. Between potentially confusing doctor’s visits, missing paychecks, and dealing with insurance companies, you might wonder if you need a lawyer to help with your workers’ compensation case. The answer depends on your specific situation.
When Might You Not Need a Lawyer Right Away?
If your employer reports your injury promptly and the insurance company provides medical care without delays, you might not need legal help immediately. The same goes if you’re receiving your regular wages or getting workers’ comp benefits for any time you’ve missed at work.
When everything runs smoothly, your case should follow a straightforward path. You’ll continue getting medical treatment until your doctors say you’ve reached maximum medical improvement—the point where your condition has stabilized as much as possible (though this doesn’t necessarily mean you’re completely healed). At that point, your doctor will provide an impairment rating, and the insurance company should offer you compensation based on that rating.
Here’s an important tip: contact a workers’ compensation attorney once the insurance company tells you what they plan to pay voluntarily. Many law firms structure their fees so that any benefits already paid or promised to you stay with you. The attorney’s fee comes only from additional money they can secure beyond what was already offered.
Keep in mind that Iowa has strict deadlines for workers’ comp cases. If you never received weekly benefits, you must file a petition within two years of your injury date. If you did receive weekly benefits, you have three years from the last payment to file.
When Should You Definitely Contact a Lawyer?
Several situations call for immediate legal assistance:
· Your employer refuses to report your injury: Some companies worry that claims will raise their insurance premiums, so they avoid reporting accidents. The insurance company can’t provide benefits or medical care without a report. While you can report the injury directly to the insurer, a lawyer can help if you face resistance or can’t identify the insurance carrier.
· The insurance company delays medical care or benefit payments: While some delays happen during routine investigations, prolonged delays often signal that the company plans to deny your claim. Getting legal help early allows your lawyer to protect your rights.
· Your claim gets formally denied: Once an insurance company rejects your claim, convincing them to reverse their decision is extremely difficult. You’ll need an attorney to file a petition and start the legal process.
· Your employer won’t provide light-duty work: If you’ve been cleared to return to modified duties but your employer refuses to accommodate you, this could indicate they plan to terminate your employment. This situation requires legal guidance, especially if you’re dealing with permanent injuries.
· You receive a lump sum settlement offer: Insurance companies sometimes offer a single payment instead of ongoing benefits. These offers often include closing your file, which cuts off your right to future medical care and additional benefits if your condition worsens. While lump sum settlements make sense in some cases, you should always review them with an attorney before accepting.
· You’re struggling to get necessary medical treatment: If the insurance company denies recommended treatments or creates obstacles to your care, a lawyer can work to secure the proper medical attention.
Loney & Schueller, LLC, Is Here To Help
The workers’ compensation system in Iowa can feel overwhelming, especially when you’re trying to recover from an injury. If you’re uncertain about your situation or facing any of the problems described above, an experienced workers’ compensation attorney can provide clarity and protect your rights throughout the claims process.
At Loney & Schueller, LLC, we have over 50 years of combined experience helping injured Iowans get the compensation they need. We are committed to our clients and will use our aggressive approach to seek the outcome you deserve. Contact us today for a free consultation.
