How long should a person wait to see an attorney after they got hurt at work?

Question

workers compensation issue. How long before i seek legal advice?

Jeffrey Lapin · Answer

There is no set time a person should wait before talking to an attorney about a work-related injury. For some work injuries, people do not need an attorney. For example, if a person got hurt at work, went to the emergency room and was fine a day after the injury, he or she would not need an attorney provided that the employer or its workers compensation insurer pays the emergency room charges.  Injured workers should consult with an attorney as soon as possible when a problem arises, such as medical bills not being paid.  Injured workers can consult with an attorney right after they are injured if they want or have questions about how the workers' compensation process works. Most attorneys who handle workers' compensation cases offer a free initial consultation. In addition, even if the attorney is not hired, everything is confidential and protected by the attorney-client privilege so there would be no way that the employer or insurer would know that a person consulted with an attorney.  DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

Jared Altman · Answer

You shouldn't wait at all.

Jeffery Robinette · Answer

West Virginia law provides that youhave two years from the date of the workplace injury to take legal action(i.e., file a lawsuit) against responsible individuals and companies, including insurance companies, toseek compensation for the damages (i.e., your injuries and losses) yousustained.     If you do not file a lawsuit within thetwo-year statute of limitations period, your claim will be forever time barred.       Two years may sound like a long timefrom now, but believe me, it is not when considering all the things that mustbe done to secure your legal rights against the responsible parties.    Every day that you wait to seek legalcounsel equates to a loss of opportunity to obtain full compensation for yourinjuries.     In reality, it is the first60 to 90 days following your injury that will make or break yourcase.   It is within this shorter timeperiod that necessary evidence and testimony must be secured, treatmentrendered and medical opinions obtained.  If you wait until after this time period has passed, and you have notdeveloped your claim properly, it will make the job of even a good lawyer veryhard to obtain a full recovery for you.  Worse yet, if you wait until close to the two-year statute oflimitations period to consult with a lawyer, it is almost guaranteed that yourclaim will be compromised. It is like getting cancer diagnosed early, yourchances of improvement are greater the earlier the diagnosis is made.   So don't wait to get your legal claimdiagnosed by a qualified lawyer.

Stephen Lombardi · Answer

Answer: My rule of thumb is the sooner the better, because the  rules  aren't clear to lay people and one mistake can ruin your chances of  recovery.  The deck is stacked against you with the insurance industry so see one  soon  after the injury.

Mark Smith · Answer

In workers compensation see the lawyer right away the insurance company   pays for your lawyer.

Anthony Roach · Answer

You should never hesitate to seek proper legal counsel. Most worker's compensation attorneys will gladly speak to you for a free consultation, and can advise you of time restraints and the documents that your employer should be giving you.

Paul Whitfield · Answer

Seeing an attorney is not the question. You must report the accident to your boss immediately. He should send you to a doctor. If he doesnt, see a lawyer soon(no deadline)

Michael Yeksavich · Answer

If it is a serious injury you should see one now.

Grady Martin · Answer

It's never too early to talk to an attorney. An attorney will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issued, your employment status, your medical status, and other issues. If appropriate, an attorney might get a copy of your entire claim file to review it in detail. He or she will then be able to explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you. This type of consultation and claim review should be done free of charge.

Michael Heilmann · Answer

Make sure you file a report of injury with your employer in order to put the Worker's Compensation insurance carrier on notice. You don't mention the injury, but it never hurts to consult the lawyer.

Brett Rosenthal · Answer

As a general proposition and after having represented some clients who did some things they regretted before they were represented, would say the sooner the better for you and counsel.

William Spern · Answer

If they pay, no need. If they deny, seek a workers comp lawyer immediately.

Mark Leonardo · Answer

There is no reason to hesitate.  Ascertain your rights and how you should document your injuries and other things early on.  You don't have to pay the attorney now.  He or she gets paid from settlement proceeds, so I recommend that you find a worker?s compensation attorney as soon as possible.

Karen Davidson · Answer

You should consult with an Attorney right away.

Robert Lucky · Answer

It is always best to see an attorney as soon after an accident or incident. You need to find out what rights and obligations you and your employer have. The longer you wait, the more likely they will attempt to get information or force things upon you.

Bradley Cornett · Answer

If you already have questions about your work comp claim, you may go ahead and speak with an attorney.

Daniel J. Pingelton · Answer

ASAP.

Timothy Klisz · Answer

Anytime is a good time.  I would say sooner rather than later because  you will be dealing with an insurer that is inherently tricky and does  not like to pay claims.

Thomas Bulman · Answer

Three days.

Rodney Smith · Answer

Normally the sooner the better because your lawyer will try to keep things going smoothly, and a person will normally recover more money with an attorney even after attorneys fees than if the person handled the case themself.

Ronald Lowry · Answer

Seek legal advice immediately.

Melvin Franke · Answer

See an attorney immediately

James Osak · Answer

Seek immediate lawyer assistance.

James Kelaher · Answer

See a workers' compensation lawyer right away.

Laura Lanzisera · Answer

You should seek representation as soon as possible.  Choosing your doctor is one of the most important aspects of your claim. You don't want to let the Employer/Insurer do that for you.

Theodore W. Robinson · Answer

If you were injured on the job and have a provable injury, then you should see  an attorney right away to make sure everything is done that needs to be done to  pursue your claim for compensation and/or negligence.  Usually, the earlier the  better, so that if any type of treatment needs to be done, you will learn about  it early in the timeline and get the appropriate treatment you need.  This is  because when attorneys deal with this type of case, they tend to know about they  type of medical care that will be needed to properly prove your case for you.

Bernard Huff · Answer

You should consult with or retain a worker's compensation lawyer immediately so  that all of your rights to pursue a claim will be timely protected.

Cale Plamann · Answer

You have up to 2 years to begin a case, but in some situations failing to inform your employer within 30 days of injury/discovering your workplace related malady can harm your claim (especially if your employer can make the argument that your failure to notify them constituted 'misleading' them).  You would talk to an attorney within 25 days of the injury so that you can avoid losing your claim.  Your attorney will know the specifics of your case and whether it would be more advantageous to file immediately or wait for the details of your injury to become clearer as you recover.

John Brennan · Answer

Immediately.

Reza Torkzadeh · Answer

Immediately.

Jerrie Weiss · Answer

The sooner the better.

Irving Blank · Answer

You should not wait.  See an attorney ASAP!

Andrew Velonis · Answer

As soon as you have problems:  Fill out the paperwork, apply for the benefits.  If they make up your loss of income and pay your medical bills, then you are getting what you are entitled to and you don't need a lawyer.  If they give you a hard time, or delay, or you don't understand the paperwork, or call for a hearing or cut off your benefits, call a lawyer then.

Steven A. Schwartz · Answer

It is never a bad idea to call counsel for a free consultation immediately.  If worker comp is paying properly, you may not need an attorney.  However, it makes sense to find out your rights and what you may be entitled to.  In fact, you may be entitled to a lump sum settlement, in which you should definitely have an attorney on board.

Bruce Arthur Plesser · Answer

Immediately.

Stuart Nachbar · Answer

Do not wait more than a week or two

Kevin Habberfield · Answer

First make sure you fill out the Worker's comp form. You may not ever need an attorney for workers' comp unless there is a problem.

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