A lot of people ask, “what does a workers’ compensation attorney do?” Usually, an injured worker thinks that they will be able to file a claim for their injury on their own and would not require the help of an experienced attorney. However, it is highly recommended to hire one as your attorney will be able to handle the situations that may arise during the course of any proceedings more efficiently. At the hearing of a Workers’ Compensation case, the attorney or his representative will be required to present substantial evidence supporting the claim. This can include evidence such as when, how, and where the accident had happened, whether it had occurred as a result of any negligence on the part of the company, detailed account of the subsequent medical treatment undertaken by the employee among other essential details.
A good workers’ compensation lawyer in South Carolina will utilize the medical records of the client to clarify the extent to which the client has suffered injuries along with the opinion of the physician regarding the ability of the client to work. He will also try to relate the injury of the client with their inability to work and how it has directly impacted their daily lifestyle. In some cases, he might call upon a medical expert to attest to the ability of his client to resume working. A professional workers’ comp attorney in Columbia, SC knows the ways and means to trigger the hearing process. Typically the judge makes his decision within 30 days from the date of presenting evidence and hearing the testimony.
Getting the Case Settled Through Mediation
For situations where there is a possibility of the case taking longer to resolve a workers’ compensation attorney may try to settle the dispute through mediation. A mediator helps in getting the case resolved through a more creative and mutually acceptable resolution in the form of monetary arrangements or job assignments. The ultimate objective of the lawyer should be to resolve the case whether it is through Court proceedings or outside the Court.
Conditions When You Don’t Need A Lawyer
Most people think in every injury situation they need to hire a Workers’ Compensation Attorney. However, there might be circumstances that may not require any formal representation by an attorney.
For the following cases, you would not require a lawyer to represent your case –
- You suffered only from a minor injury with no major complications.
- Your employer acknowledges the fact that you suffered an injury while at work.
- Your employer acknowledges that the injury caused to you as a result of the work undertaken by you.
- You are not suffering from any pre-existing condition that might complicate the existing claim.
But still, if you opt to hire a professional attorney, it will do you no harm as they can help you to get off with the claim with ease. There is no definitive moment that will signal that you need a workers’ compensation law firm to represent you for your compensation. It is up to you to make the initial call after suffering an injury at work so that the attorney can assist you with the best course of action. If you are confused about whether or not to hire an attorney you can always ask for a free consultation to know what you are eligible to claim and what you are actually being offered. It might sound a bit awkward, but the only way you can get to know your standing is by letting a professional evaluate your claim.
If you have any other questions regarding worker’s compensation, you can download our free South Carolina Workers’ Comp Guide from our website.