Brad Pistotnik Law
Abogado El Toro

Should I Hire a Work Injury Lawyer

The Occupational Safety and Health Administration (OSHA) says that more than 3 million people are injured at work every year. A majority of the victims rely on workers’ compensation for payment of medical expenses and wage loss benefits while they recover either in hospital or at home.

Who needs a work comp injury lawyer?

As a general rule, you should only involve an attorney if a work comp injury claim meets a certain threshold. If you suffer only a minor injury such as a cut that requires a few stitches, then involving an attorney would make little sense. The same applies if the injury did not keep you from work at all.

However, the moment any complexities arise in your claim, don’t waste time. You should hire an experienced attorney immediately. Remember that you must notify your employer of the accident on the job within no more than ten days from the date of the injury, so notify them immediately. The following are four common situations that are best handled by a professional work injury lawyer;

  • You receive Social Security benefits

Your workers compensation settlement has to be structured in an informed manner, otherwise a large portion of the benefits might be channeled to Social Security. Only an experienced attorney can work around the existing laws to ensure that you receive either the whole compensation or a large chunk of it. Your workers compensation settlement has to apply a special formula at the settlement hearing so you minimize your losses to social security benefits now or in the future.

  • Your employer is denying your claim

It is common for employers to defend themselves by completely denying a claim, confident that the worker will not appeal. Interestingly, they’re usually right 80 percent of the time. Only one in five workers whose work injury claims are denied by the employer ever appeal the denial. An attorney would provide insightful advice on whether to appeal and even help in filing the appeal.

  • The offer made by your employer doesn’t reflect the losses you incurred

Work injury victims are sometimes blinded into thinking that the judge can help them get a befitting compensation. Judges are supposed to review your final settlement to determine the fairness of the settlement and if you really understand the effect of the settlement. Anyone who is determined to get the best settlement possible only has one option – to hire an experienced work comp injury lawyer.

  • You employer retaliates following your work injury claim

If your employer is firing you and you suspect that it could be down to the fact that you filed a work injury claim against the company, then you should also see a work comp injury lawyer. The same applies if your hours have been slashed, if you have been demoted, or if your pay has been reduced. However, in Kansas, wrongful termination cases are very difficult due to the Right To Work doctrine imposed in Kansas.

Involve the lawyer from an early stage

Involving a work comp injury lawyer from the offset will allow you to receive the highest possible compensation. Moreover, the lawyer will ensure that you get quality medical attention and that your medical bills are paid on time.

Working with an experienced lawyer from an early stage will also ensure that your claim remains on track from the beginning. Instead of playing catch-up, the lawyer would have the time needed to gather evidence and push your claim from early on.

Victims need to realize that work comp injury lawyers are paid on a contingent basis. This means that you only pay the lawyer a portion of the compensation you receive when they represent you. If the case leads to nothing and there is no compensation, then you owe the lawyer nothing.

When you first contact the Brad Pistotnik Law firm, you will receive a free consultation. A typical consultation lasts between 30 and 40 minutes. During the session, your claim will be reviewed and an assessment made on whether hiring an attorney would be in your best interest. Brad started Pistotnik Law in 1983 and moved the practice to 10111 E. 21st Street, North, Suite 204, Wichita, Kansas 67206 in 2014. The firm was renamed Brad Pistotnik Law, P.A. in June of 2014. This is the law office where you can Hire the Real Brad! Call Brad 24 hours a day at 316-684-4400 or at 800-241-BRAD or call Brad on his cell at 316-706-5020. We answer the phone 24/7 and will call you back if we are on the line helping another client. Let Brad Pistotnik Law help you and your family get back on your feet!