A construction worker in a yellow hazard vest holds his back in pain.
A workers’ compensation attorney from Pierce Skrabanek can help you pursue damages.
By PIeRCE | SKRABANEK
PUBLISHED ON:
November 21, 2023
UPDATED ON:
December 17, 2023

When to Hire a Lawyer for a Work Injury

Workers' Compensation lawsuits are among the most complicated types of lawsuits to pursue. Hiring a lawyer to help you from the very beginning is the best way to ensure that your case has the best chance for success. 

A work-related accident can be detrimental to both your physical health and your career in general. A physical injury sustained while at work may create financial strain and may make it difficult for you to perform the same job you did before your accident. Sometimes, the only way to ensure your health and ability to heal is to bring a workers' compensation lawsuit. 

If you have sustained an injury in a work-related accident, you may be entitled to financial compensation. Bringing a lawsuit for workers' compensation can be intimidating. You may fear retaliation from your place of work or may be unsure of how to proceed with the legal process. 

The attorneys at Pierce Skrabanek are well-versed in employment law and are well-equipped to handle workers' compensation matters across all fields of employment. Contact the team at Pierce Skrabanek online or by calling (832) 690-7000 to learn more about workers' compensation and to begin the legal process. 

What Kind of Damages Are Available in a Workers’ Compensation Lawsuit?

The workers’ compensation is a system designed by the United States Department of Labor to provide benefits to employees who are injured on the job. It operates on a no-fault basis, meaning the injured worker doesn't have to prove that the employer was at fault for the injury. 

While workers’ compensation typically does not include traditional damages like pain and suffering, it provides specific benefits to injured workers. Workers who may benefit from workers' compensation lawsuits include those who work on oil rigs, maritime workers, and other industrial workers

Some damages available in workers’ compensation lawsuits include: 

  • Medical expenses: Medical expenses include compensation for all necessary medical treatment related to the work-related injury. This includes doctor visits, hospital stays, surgeries, prescription medications, and other medical expenses.
  • Disability benefits: Disability benefits based on a workers’ compensation case will vary depending on the level of disability. 
  • Lost wages and loss of future earning potential: If your accident caused you to miss work you may be able to recover the wages that you missed out on. If your injury prevents you from working in the future, you may be able to recover for loss of future wages. 
  • Death benefits: In a work-related fatality, death benefits may be provided to the dependents or beneficiaries of the deceased worker. These benefits typically include compensation for funeral expenses and may even include a percentage of the workers’ average weekly wage.

Workers’ compensation does not include certain traditional damages like pain and suffering. However, it can provide financial support to injured workers to help them recover and cope with the consequences of work-related injuries. The specific benefits and eligibility criteria can vary by jurisdiction, so it's important to consult with an experienced workers’ compensation attorney for guidance based on the laws in your area.

The attorneys at Pierce Skrabanek are experienced in the most complex types of workers’ compensation cases including maritime law and Jones Act lawsuits. Contact the attorneys at Pierce Skrabanek online or by calling our firm at (832) 690-7000. We are standing by to answer your questions and help you pursue a workers’ compensation claim. 

Do I Need a Lawyer for A Workers’ Compensation Lawsuit?

It is always a good idea to consult an attorney when pursuing or thinking about pursuing a lawsuit. Your decision to hire a lawyer for your workers' compensation lawsuit depends on the complexity of your case and the specific circumstances surrounding your work-related injury.

Some situations where you should hire an attorney for your workers’ compensation lawsuit are: 

  • For complex workers’ compensation cases: Workers’ compensation cases can be very complicated, involving disputes over the cause of the injury, denial of benefits, or issues related to the extent of your injury. A lawyer can provide valuable assistance and can guide you through the process. 
  • Denied workers’ compensation cases: A good workers’ compensation attorney can help you appeal the denial and present a strong case for why you are entitled to benefits. If your workers’ compensation claim has been denied, hiring an attorney can be a crucial step in making sure you receive the compensation you are entitled to. 
  • If you have pre-existing health conditions: If you have any pre-existing health conditions, opposing counsel may attempt to argue that your injury was not caused by the workplace accident. If there is a dispute over whether your work exacerbated or worsened those conditions, seeking legal assistance is important. 
  • Concerns over retaliation by your employer: If you are worried about potential retaliation from your employer for filing a workers’ compensation claim, having legal representation can provide an added layer of protection.
  • Negotiating settlements: A workers’ comp lawyer can help ensure that the terms in any settlement you are offered are fair and that you are not waiving any rights inadvertently. 

Consulting with a workers' compensation attorney for an initial evaluation of your case is often a good idea. Workers' compensation can become complicated very quickly and it is a good idea to have an attorney on your side who can help protect your rights. 

When to Get an Attorney for Workers' Comp

It is generally advisable to consult with or hire an attorney for any workers' compensation legal matter. For workers' compensation claims, the timeframe in which you may bring a lawsuit is very short. Depending on what type of claim you are bringing and in what industry you work, you may be limited to 30 days in the state of Texas

Remember that workers' compensation cases are different from typical personal injury cases.  

If you are uncertain about whether to hire an attorney,  seek legal advice in the early stages of your case. Doing so can help you make an informed decision based on the specific details of your situation.

Contact a Dedicated Workers' Compensation Attorney Today 

Choosing a law firm to trust your workers' compensation lawsuit to is one of the most important parts of the legal process. An experienced attorney can make all the difference in your case and can make sure that you are receiving the maximum amount of damages allowed by law. 

The team at Pierce Skrabanek has achieved many successes for their clients including a $17 million dollar verdict for a sailor who suffered an injury because of his work environment. Our attorneys are standing by to fight hard for you. Contact the workers' compensation team at Pierce Skrabanek online or by calling (832) 690-7000 to take the first steps in the legal process. 

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