You Could Represent Your Own Workers Comp Case, But Should You?

If you’ve been hurt at work, you’re probably wondering if you really need to hire a workers comp attorney—or if you can just represent your own case.

The answer to that question depends on different factors, like the complexity and severity of your injury and the actions of your employer and their insurance company.

Here’s what you should know about self-representing your case versus contacting an attorney.

When can I represent myself?

There are a handful of situations where you may be able to represent your own case:

• You’ve suffered a relatively minor injury like a small cut or a sprained wrist
• You’ve missed little (or no) time off work because of the injury
• Your employer accepts that the injury took place at work or is work-related
• You have no pre-existing conditions that affect the same body part you’ve injured at work

While these situations might seem incredibly straightforward, it’s still sometimes a good idea to get in touch with an attorney for a consultation about your injury and your case. An experienced lawyer can help familiarize you with the process, make you aware of problems you’ll need to avoid, and give you their honest opinion on whether or not you can represent your own case successfully.

When should I hire a lawyer?

Is there anything complicated about your case? The moment you spot any problem or complexity about your injury, it may be time to contact an attorney:

• The settlement offer you receive from your employer doesn’t cover all of your medical bills or lost wages. Attorneys tend to know a bad deal when they see one.
• Your employer denies or doesn’t pay your claim promptly. The insurance companies often expect unrepresented workers to give up instead of entering the appeal process.
• Your medical problems limit your ability to work or return to your old job. Partial and permanent disability cases can be expensive for insurance companies, and they’ll do everything they can to pay you less than you deserve.
• You’re facing retaliation from your employer.
• You plan to receive or currently receive Social Security disability benefits.
• Your injury was the result of serious employer misconduct or the actions of a third party.

What will an attorney do that I can’t?

Attorneys will make sure that you’re filing all of the correct forms and meeting important deadlines, and they know how to collect the right evidence to build your case. They’re also professionals at negotiating with tough insurance company representatives and helping you avoid situations where you’re not getting the payout you deserve. And perhaps most importantly, an experienced attorney will help represent you at court if you’re unable to reach a satisfactory settlement.

Give yourself every advantage you can.

The Utah workers compensation system is supposed to help injured workers, but it has become so complex that sometimes it seems like workers comp only benefits employers and insurance companies.

While there are a handful of scenarios where you may successfully represent your own case, the fact is that having an attorney can drastically improve your chances of getting a payout you can be happy with—one that will cover all of your expenses, and not just some of them.

When in doubt, contact us for a free case evaluation, and let’s figure out how to get the compensation you truly deserve.