5 Scenarios When You Will Need A Workers’ Comp Attorney

Chris Sep 26, 2017


The secure Move Is To Get Legal Help When You Are First Injured

The law says you are covered for any work-related injury or illness. In reality, many employers and insurers resist their workers’ compensation obligations. Your benefits may be short-changed or straight-up denied. You may be pressured, threatened or accused of faking.

Ideally, get legal advice at the time of your injury. This helps you assert your rights and prevent a lot of troubles. But the workers’ comp lawyers of Schwartz Law Firm LLC can step in at any point. With offices in Metairie and Baton Rouge, we advocate for injured workers throughout New Orleans and southern Louisiana.

We stand up to your employer and insurance companies — in negotiations or in court — to win your benefits and protect your rights.

It’s Time To Contact Our Lawyers If …

Here are five common scenarios in which hiring an experienced workers’ compensation attorney can make a world of difference:

  1. Denial of disability benefits — If your claim is denied, you may have to go to court to convince the employer that your injury is work-related or that it prevents you from working. Our lawyers know how to amend your claim and challenge the employer’s arguments to win your appeal.
  2. Denial of medical treatment — You are entitled to “reasonable and necessary” medical care and you have the right to choose your own doctors. We can step in if you are denied needed medical care such as surgery, or if your diagnosis or disability rating is challenged. You may need legal help to prove that aggravation of a prior injury or pre-existing condition was work-related.
  3. Medical review/termination of benefits — You are entitled to wage and medical benefits until you are healed, or lifetime benefits if you are permanently injured. Employers can require an IME (independent medical exam) as the basis to reduce your disability benefits or terminate your claim. We will fight back to maintain your disability checks and ongoing medical care. We also represent clients in lump-sum settlements for permanent disability.
  4. Returning to work — Your employer may pressure you to return to work before you are healed, which could make your injury worse. Your supervisor may refuse to honor doctor restrictions such as light duty or part-time work. After a long disability leave, your boss may refuse to take you back. Employers often get away with these illegal behaviors when injured workers do not have legal representation.
  5. Third-party lawsuits — Workers’ comp is an “exclusive remedy” — you cannot sue your co-workers or supervisor even if their actions or orders got you hurt. But you can sue individuals or entities outside of your chain of employment, such as a subcontractor, a utility company, a property owner, an equipment manufacturer or a motorist who caused an on-duty vehicle crash. Our lawyers have won many third-party personal injury lawsuits, securing additional money for clients over and above workers’ compensation.

When Should I Hire A Workers’ Comp Attorney?

Even if you are initially approved for benefits, there are many crossroads in a workers’ compensation claim. Contacting a lawyer at the time of injury avoids many problems and gives you an advantage when conflicts arise.

Call us today at 504-837-2263 . We are available 24/7 by phone or you can contact us online. Our attorneys provide a free initial consultation, and when we represent you there are no attorney fees unless we secure your benefits or back pay.

About Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.