What is Workers Compensation Law? How to Find a Workers Compensation Lawyer

Worker�s Compensation

What is Worker’s Compensation?

Worker’s compensation is a form of insurance. It serves as a wage replacement for individuals who have been hurt while on the job as well as an insurance policy.

Governing Law

The federal government itself administers its worker’s compensation regulations, but the actual enforcement comes about through the state, though contesting larger issues may go up through the federal system. Every state has its own basis for laws and requirements that must be followed. The laws themselves can be found in your Worker's Compensation Office. Labor and employment law also inform worker's compensation programs.

Reasons for Hiring an Attorney

In most situations, the time when you will need a worker’s compensation attorney occurs when you have been denied compensation. Another common situation is when the compensation that you received is not the sufficient for the medical bills or the injuries that you have received. Additionally, some lawyers who specialize in worker’s compensation also handle suits by the employee against the employer for unsafe working conditions and the like. However, receipt of compensation can diminish your legal actions and possible avenues of reimbursement. One exception to this occurs when the injury, though occurring on the job, came about due to the actions of a third party. Another common exception arises when the employer intentionally or recklessly caused the harm which of suffered.

Things to Look for in a Worker Compensation Lawyer

In some cities, lawyers and law firms may specialize exclusively in worker's compensation cases. However, it is more common to find this kind of attorney under a labor and employment law specialization. The majority of states do not have additional certification processes for attorneys who practice workmen’s comp. You can find attorneys who specialize in labor and employment law and who have received additional certification. Labor and employment certification typically involves specialization in workmen’s compensation, as well as additional knowledge and resources that will benefit the representation of your situation.

Additional specializations and experience that you want to consider will depend on your particular situation. For instance if a third-party has harmed you, then you will want to pursue personal injury claims as well. In a situation where your employer has caused your harm intentionally or recklessly, you will want to consider labor and employment law claims along with the personal injury claims. Situations where you have been denied workmen’s compensation require health care law as well as the labor and employment law enforcement. If you are uncertain what kind of lawyer you need, you can meet with a general labor and employment lawyer or law firm to discuss the matter.

Looking to the attorney’s track record can also help you make an informed choice. You will need to look at the situations of the plaintiff as well as the final decision and the collected award amount. This will give you a good indication of the attorney’s ability as well as the likelihood of your own success. Remember though, that if you have any aggravating injuries or situations that might mitigate the results, you must disclose these to your attorney. It’s a best to disclose these at the beginning of your initial consultation rather than waiting until later so the attorney can give you an actual estimate as to the likelihood of your success. While you can generally collect worker’s compensation in situations where you were at fault, the fact you were fault may reduce your ability to collect further damages against the employer due to contributory negligence laws.

Workers Compensation Blogs

  • You may not be required to treat with the "Company Doctor" after work injury in Pennsylvania

    One of the biggest abuses of the workers compensation system by employers in Pennsylvania is forcing their injured workers to treat with the company chosen doctor when they do not have the right to control the injured workers medical care. Laws Re...

  • Worker's Compensation Benefits

    Worker’s compensation benefits include a number of programs and services to benefit you if you were injured on the job. In most cases, the receipt of benefits does not depend on who was at fault. Unless you were acting intentionally or reckless...