What a Workers’ Comp Lawyer Actually Does — And Why It Matters

Founding attorneys of Stern & Cohen, experienced Philadelphia Workers' Compensation lawyers

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You may see a billboard or hear from friends or family that when you’re hurt at work, you should contact a Workers’ Compensation attorney. Generally, a Workers’ Compensation attorney is someone who will fight for the wage loss and medical benefits you’re entitled to after a work injury. However, it may not always be clear what that actually means. So, before selecting a lawyer to represent you in your Workers’ Compensation claim, it’s important to understand exactly what a Workers’ Compensation attorney does—and why it matters.

Before Litigation

After a work injury is reported to the employer, the employer has 21 days to either accept the claim, deny it, or temporarily accept it. Right away, a Workers’ Compensation attorney can guide you through the next steps based on your claim status. For example, if the claim is accepted in full or on a temporary basis, the attorney will help you stay on track and ensure you’re receiving all the benefits you’re owed. If the claim is denied—either from the start or after temporary acceptance—the attorney can file a petition to dispute the denial and begin the litigation process to recover wage loss and medical benefits on your behalf.

In some cases, your employer may not carry Workers’ Compensation insurance, or the employer or insurance carrier may fail to make a decision on your claim. In those instances, an experienced Workers’ Compensation attorney will ensure the correct parties are involved and file the appropriate petition(s) to get your case in front of a Workers’ Compensation Judge.

Your attorney will also make sure you’re treating with the right medical providers for your injury and receiving the care you need. They can help gather your medical records, which allows your providers to offer more informed treatment.

Litigation and Settlement

If your claim is denied, the attorney will file a petition to help you obtain Workers’ Compensation benefits. Once the petition is filed, litigation begins. Evidence must be presented to a Workers’ Compensation Judge to prove that you’re entitled to wage loss and medical benefits. This typically includes testimony from both you and one of your treating physicians. An experienced attorney will prepare you thoroughly for your testimony and explain what types of questions to expect—and why they matter. The attorney will also cross-examine any witnesses presented by the employer or insurance carrier.

Many Workers’ Compensation claims settle before a Judge issues a decision. In those cases, your attorney will advise you on a fair settlement that considers both lost wages and current/future medical care.

Why Is This Important?

Many injured workers don’t fully understand their rights after a workplace injury. A skilled Workers’ Compensation attorney will inform you of your rights and make sure you’re receiving the benefits you’re entitled to in the correct amounts. They’ll also ensure that all work-related medical treatment is paid for by the employer or insurance carrier.

Additionally, a Workers’ Compensation attorney knows how to present your case effectively in front of a Judge. They’ll help you and your doctor prepare for testimony and gather the necessary evidence to support your claim.

When it comes to settlement, your attorney will make sure you’re offered a fair lump sum—one that considers your future medical needs. Insurance companies often try to pressure injured workers into low settlements. A Workers’ Compensation attorney will protect you from being taken advantage of and help you understand the full implications of settling your claim.

Finally, having a Workers’ Compensation attorney on your side levels the playing field. Insurance companies hire experienced lawyers to defend against these claims. You deserve an experienced attorney who can fight just as hard for your rights.

If you’ve been injured at work and want to learn how Stern & Cohen can help with your Workers’ Compensation claim, contact us today for a free consultation.

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