I have filed a worker's comp claim and everyone is telling me I need an attorney. Is this the norm?

My case is pretty clear (as well as being on video)...my history and reputation are solid (18 years and not a single claim or missed day due to injury) and now I'm off work with a triple disc back injury. I suffered a work related injury and have taken care of the injury myself (got an mri, neuro consult and surgery all within 10 days) and now I am off work--recovering. I filed the worker's comp paperwork (per the wc rep) 3 weeks ago . My co-workers & doctors think everything is legit (it is) but I have talked to a lot of people who keep telling me to get an attorney. I have not heard anything from the wc people until today (it's been a month) so I am wondering if I need an attorney now or if I should get one after I speak with the wc rep or if I need one at all?
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Answers (5)

Kenneth Lewis Swenson

Kenneth Lewis Swenson Avvo Pro

Contributor Level 7
Due to the serious nature of your injury, you should consult with a local worker's compensation attorney as soon as possible.
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Michael J. Helfand

Michael J. Helfand

Contributor Level 7
Even if your claim is going smoothly now, you may face a problem down the road. This is one reason to hire an attorney. If your benefits end before you believe they should, or you are offered a settlement that is too low, an attorney can help protect you. At the very least, you can consult with a workers' compensation attorney. It shouldn't cost you anything. A few things to keep in mind: I always recommend hiring an attorney who focuses their practice on representing injured workers. It would be beneficial if they also had experience with back injuries like yours. If you need a referral, feel free to contact me. I'm licensed in Illinois, but I can recommend an experienced workers' compensation attorney in your area. 1-800-807-9530.
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Brett A. Borah

Brett A. Borah

Contributor Level 5
Workers' comp law in California is extremely complicated. There are many pitfalls you can fall into without even knowing it and once in a hole, it is very difficult to get out again. While your employer may love you, this is really between you and the workers' comp carrier....and to them, you're nothing but a money drain...they don't love you. Most workers' comp lawyers will give you a free initial consultation so why not take advantage of it. Call a lawyer.

At some point, your workers' comp carrier will want you to apply to the state to get a list of three Panel Qualified Medical Examiners (PQME). Do not request a PQME list without consulting an attorney first. Do not select a PQME from the list of 3 without consulting an attorney first. Do not go to a PQME without consulting an attorney. These are all critical steps in your case.

There are some excellent workers' comp attorneys in Orange County. To find a good one, look here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys who represent injured workers here in California. Or call me for a reference.

Good luck.
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Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
Although your facts as given do not indicate how the injury occurred, if any part of the cause of the injury was the actions of persons who do NOT work for your employer, then there is the possibility that you have a valid W.C. claim AND a valid third party claim. The significance is that in the latter type claim, you can recover much more money in general. So if you think any non-employee contributed to your injury, then talk to a personal injury attorney as well as a W.C. attorney. I think in any event you are better off with a W.C. lawyer, because insurers tend to make lower offers to unrepresented people. Good luck.
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Kevin Paul Smith

Kevin Paul Smith

Contributor Level 6
You should consult with a work comp attorney. Most will speak to you for no charge. Our firm handles a large number of work comp cases. You can call me at 213-626-0571 so I can get your information and forward it to our comp attorneys in either our Orange or Long Beach office.
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