When Should I Consult A Lawyer
You have the right to consult with a lawyer, or have a lawyer represent you, at any step in the process. Here are some situations in which a lawyer may be needed:
- You report your injury to your employer but they refuse to report the injury to their insurance company or to the Division of Workers’ Compensation
- Your employer or the insurance company will not tell you which doctor to see for treatment
- Your employer wants to pay for your medical treatment through their health insurance plan rather than through their workers’ compensation insurance
- The insurance company is denying your case
- You are not getting the medical care you believe you need
- The insurance company’s doctor releases you, but you are not fully recovered from the injury
- The insurance company hires someone to monitor your progress and attend your doctor’s appointments
- Tests or surgery ordered by the authorized treating physician are denied or canceled
- You are not getting weekly benefit checks while the doctor says you cannot work
- The insurance company won’t talk with you
- The insurance company is claiming a penalty for a safety violation or for use of drugs or alcohol
- You feel intimidated by the process, or you feel you are being treated unfairly
- You are confused about how to proceed
- You have been fired, demoted or harassed at work because of your work injury, or because you are asserting your workers’ compensation rights
- You have applied for, or are receiving social security disability benefits
- You have qualified for Medicare, or you may qualify for Medicare within the next five years
- Mo HealthNet or Medicaid has paid for your medical bills
- You believe you are permanently and totally disabled, that is, you believe that you cannot work at any job
- Your employer did not have workers’ compensation insurance coverage at the time of the injury
- Your medical bills are not being paid, even though you have only gone to medical care providers authorized by your employer or the workers’ compensation insurance company
- If your case has not settled within a year from the time you were injured
- If you feel uncomfortable proceeding with your case without consulting a lawyer first
A lawyer is almost always needed, when:
- The case cannot be resolved by settlement and must be resolved by an evidentiary hearing (trial)
- The workers’ compensation insurance company strongly advises you to get a lawyer
- An administrative law judge strongly advises you to get a lawyer