There are advantages and disadvantages to hiring a Baltimore Workers Compensation Attorney
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On a regular occurrence I meet injured workers’ who are undecided as to whether they want to hire a Baltimore workers compensation attorney to handle their work injury case. This is certainly a decision that deserves some thought. In an attempt to make the decision easier I have compiled a list of the pros and cons of hiring a workers compensation attorney. Naturally there may be a slight bias coming from a workers comp attorney.
PROS of hiring a Baltimore Workers Comp Attorney
- An Maryland workers compensation attorney will make sure you receive all the benefits to which you are entitled under the law. This is their obligation.
- In a great majority of cases those injured workers who retain workers comp counsel ultimately receive more settlement and overall compensation then those who do not.
- When and if treatment is denied an experienced workers compensation attorney can file for a hearing and get the injured worker the treatment they need.
- If the workers compensation adjuster is not returning calls or emails a Maryland comp attorney can force the adjuster to call them back by way of filing for penalties and sanctions.
- A Baltimore workers compensation attorney will place the injured employee on a level playing field with the insurance company and the employer as they already have a lawyer on retainer.
- An attorney can take care of the legal side of the workers compensation case so the worker can focus on getting healthier.
- Adjusters will often try to manipulate unrepresented injured workers into doing things that ultimately will damage their case. A qualified Maryland workers compensation attorney can make sure that all the t’s are crossed and i’s are dotted to enure the injury case is not set up to fail in the future. For instance: it is not uncommon for adjusters to distort things so the statute of limitations ultimately runs and forever bars the injured from obtaining settlement benefits.
- Once an attorney is involved the adjuster will be less likely to dispute or argue over certain things because he or she knows if the injured worker is represented they will get the benefit eventually. For example: mileage payments or treatment with a physician of the injured workers choosing.
- When a person is injured at work in Maryland he or she will immediately have questions they need answered. Often those who are available to answer questions will not have the injured workers interest as the priority. A qualified Baltimore workers compensation attorney will have the correct answers to these questions without the presence of bias.
- There are certain benefits available that the injured worker will likely not hear about through the adjuster or any other party involved in the case. These can be discussed with a Baltimore work comp attorney if one is retained.
- Workers Compensation Commissioners (the judges) prefer injured workers obtain an attorney.
CONS of hiring a Baltimore Workers Compensation Attorney
- Your employer may see hiring an attorney as an act of aggression towards them. However they and their insurance company have an experienced workers comp attorney already on retainer.
- Workers compensation attorneys in Maryland are paid a percentage of the settlement as their fee. This can be a substantial amount but more often then not the injured worker will recover an amount greater than he or she would have recovered if unrepresented.
- An injured worker can file for a hearing without the assistance of an attorney. It is not a good idea to do so because there are certain evidentiary burdens that must be met in order for the injured worker to prevail on issues. Medical records and testimony MUST contain certain language to prevail on medical treatment issues. Any qualified workers compensation attorney in Maryland will be able to recite this language to the injured worker.
- Unfortunately attorneys are often viewed as non-essential and in a negative light. This negative light can occasionally carry over to a person if they hire an attorney.
- Qualified Baltimore workers comp attorneys will get their injured client more benefits than they would obtain on their own. Because of this, on occasion adjusters will begin to fight the case a little harder in order to save money. However see #6 in the pros section.
- On occasion hearings will have to be postponed that ordinarily wouldn’t be postponed without an attorney. The postponement may be based on a scheduling conflict. Occasionally hearings will have to be postponed because the attorney was unable to obtain all of the evidence necessary to win at the hearing. This is often unavoidable but is usually looked at by the injured worker as the attorney not being prepared. Some Maryland workers compensation lawyers avoid postponements at all costs.
- Hiring an attorney and obtaining ALL the benefits to which an injured worker is entitled may affect the employers insurance premiums.
- Maryland work injury attorneys are not paid hourly, but on a contingency basis so when lost wages are recovered by way of a hearing the workers comp attorney is entitled to be paid 10% of the recovered wages as a fee.
- The injured worker will have to be completely open and honest to their workers comp attorney. It is quite difficult for some people to open up completely to another.