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Signs You Need a Workers’ Compensation Attorney

It’s not uncommon for employees to try to sort through the workers’ compensation process themselves after sustaining a workplace injury near San Jose. In some cases, employees can do so successfully. However, there are many circumstances in which you should contact a workers’ compensation attorney.

Your Benefits Aren’t Sufficient

If you’ve received a settlement offer, you need to carefully add up the costs of your medical treatments and lost wages. If the benefits you’re offered do not cover the expenses for your workplace injury, it’s time to contact a workers’ compensation attorney.

You’ve Suffered Permanent Disability

Another reason to retain the services of a lawyer is if your workplace injury has resulted in permanent disability. Bear in mind that there are different types of permanent disability. You could be permanently disabled, yet still able to perform some work duties. This is known as permanent partial disability. Some examples of injuries that can lead to permanent partial disability include carpal tunnel syndrome, hearing loss, and nerve damage. Or, you could have permanent total disability, in which case you are not able to work at all. In both of these cases, your workers’ compensation attorney can help you obtain weekly payments for your lifetime or one lump sum payment to compensate you for your loss of earning capacity.

Your Claim Has Been Denied

Even if you initially filed a claim without the help of a lawyer and it was denied, you still have options available to you. Consult a lawyer about filing an appeal as soon as possible. Your attorney can handle the paperwork for you and represent you at the workers’ compensation hearing.

You’ve Experienced Workplace Retaliation

It is illegal for an employer to retaliate against employees who have filed workers’ compensation claims. If you think you could be the victim of workplace retaliation, you should contact a lawyer immediately. Some examples of retaliation could include being fired and demoted, or suffering a reduction in hours or pay.

You Receive Social Security Disability Benefits

Did you know that Social Security could take a significant percentage of your workers’ compensation benefits? If you currently receive disability benefits and you’ve been injured at work, you should call a lawyer right away. Your lawyer can structure your settlement properly to reduce or eliminate the amount that may be taken by Social Security.

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