Hiring an Attorney for Workers’ Compensation Claims?

Hiring an Attorney for Workers’ Compensation Claims

Navigating the complexities of a workers’ compensation claim can be perplexing, especially when considering whether to hire an attorney to assist with your claim. Employees may have concerns about the repercussions of such a decision, both legally and within their workplace. Here are some of the most frequently asked questions to bring clarity to the situation.

Am I Suing My Employer If I Hire An Attorney For My Workers’ Compensation Claim?

Not necessarily. When you hire an attorney for a workers’ compensation claim, you are not suing your employer in the sense of a lawsuit for damages. Instead, you are seeking benefits that are available under the workers’ compensation insurance policy that your employer has in place. An attorney can guide you through the claim process, ensuring that your rights are protected and that you are fairly compensated for your injuries or illness related to your job.

Hiring an Attorney for Workers' Compensation Claims

Hiring an Attorney for Workers’ Compensation Claims

Will I Be Terminated For Hiring An Attorney For A Workers’ Compensation Claim?

Termination solely for hiring an attorney to assist with a workers’ compensation claim is generally illegal. Most jurisdictions protect employees from being fired in retaliation for filing a workers’ compensation claim. Employers are typically aware of these laws and would be at risk of additional legal action if they were to wrongfully terminate an employee for exercising their right to workers’ compensation benefits.

Will My Employer Retaliate Against Me For Hiring An Attorney?

Retaliation against an employee for hiring an attorney for a workers’ compensation claim is prohibited. This includes any form of negative employment action taken as a direct result of your decision to seek legal assistance, such as demotion, reduced hours, harassment, or undeserved poor performance reviews. If you feel you are being retaliated against, make sure to document incidents and seek legal advice as you may have a separate claim for retaliation.

It’s essential to understand that seeking what you are rightfully owed should not result in punitive measures from your employer. Workers’ compensation laws are designed to protect workers and facilitate their recovery and return to work after an on-the-job injury or illness. Hiring an attorney can often be a wise step to ensure that the process is correctly navigated and that you receive the full benefits you’re entitled to.

The bottom line is that the employment relationship should not be negatively impacted by pursuing a workers’ compensation claim with the assistance of legal counsel. If you have further questions or unique concerns based on the specifics of your case, it would be best to discuss these directly with your attorney, who can provide tailored advice to your situation.