Pros & Cons Of Hiring A Worker’s Compensation Lawyer

Published on: 23 May 2022 Last Updated on: 18 February 2025

As you are reading this article, we can assume that you or any of your close ones have encountered an injury at the workplace.

If you encounter any accident and get any injury at work, you become eligible for worker’s compensation. This program is particularly designed for offering you financial support during the time when you are unable to work and also creating income.

When you are filing worker’s compensation benefits, you might be going through a dilemma about whether you should hire a worker’s compensation lawyer or not. Here we must say that both of them have their own benefits and disadvantages.

Here, in this article, we will talk about both the pros and cons of hiring a worker’s compensation lawyer for your worker’s compensation case.

Pros Of Hiring A Worker’s Compensation Lawyer:

In case you are thinking about hiring a worker’s compensation lawyer from the best Law Offices of William F. Underwood, III, P.C., You will be able to get the following benefits.

1. Puts An End To Your case

In some cases, the worker’s compensation dispute might take several months or even years. This long duration will always invite more financial problems when you are already losing your wage and carrying a treatment cost.

An experienced worker compensation lawyer will be able to handle things with their expertise, and the matter will get resolved efficiently.

2. Shortens The Wait

We all are a little aware of the court system and also know how much time it consumes to resolve a matter if we follow the same traditional way without any legal agent or lawyer.

As we have mentioned earlier, it will take a long time, especially in case your injury is more serious and you need a huge amount, as your employer’s insurance company will always want to delay the matter.

Here, having a lawyer will ensure that you are getting fair compensation as soon as possible.

3. Allows A Lump Sum Payment

Often judges feel hesitant when it comes to awarding a lump-sum amount of compensation at the trial. As per that, you might be limited to weekly or monthly payments for a period of a number of months or years.

In case you are carrying any major medical treatment, it becomes really difficult to pay for it. On the other hand, when you hire a lawyer, the professional will be able to manage a settlement and get you a considerably huge amount.

4. Eliminates The Risk

When you are thinking about an out-of-court settlement, it is really difficult to reach a settlement because both parties do not want to come to an agreement by making smaller compromises.

In this case, a lawyer will be able to bring both parties together at a common ground and that too out of court. Because when you are appealing to the court, there will always be a risk that you might come out empty-handed.

5. A Better Negotiation

During the settlement proceedings, an attorney can perform the negotiation on your behalf. The insurance company already has an attorney; when you are also hiring a legal professional, your worker’s compensation lawyer will be on equal footing with the other party.

When the insurance company gets to know that you have a legal professional to represent you, they will be more willing to respect your rights.

Cons Of Hiring A Worker’s Compensation Lawyer

Now you know the advantages of hiring a worker’s compensation lawyer. But when you are thinking of hiring one, you also should know the drawbacks that you might be inviting in order to get the good things.

So, here are the major disadvantages of hiring an attorney for your worker’s compensation claim.

1. Can Cause Give Up Your Right

When you are thinking of hiring a lawyer and getting the amount that you have claimed and willing to take the matter to court, the insurance company does not agree to pay you that.

In this case, ending the case with an out-of-court settlement means you are giving up on some particular benefits. There are a lot of insurance companies that come with a clause that when you are receiving a claimed compensation, you will not get worker’s compensation for the same injury.

2. Could Be Really Expensive.

Hiring a lawyer means you need to pay them. In order to ensure winning your worker’s compensation claim lawsuit, you must opt for the best one or at least a good one. And good lawyers always charge more.

Due to your injury, you are already paying a huge medical bill and also not getting paid enough as you are unable to work for a few days. In this situation affording a lawyer can cost you a lot of your savings, and you might run out of money.

FAQs (Frequently Asked Questions)

When you are going to deal with worker’s compensation, it is obvious that you will have a lot of queries and doubts. In order to handle a legal matter, you also need to know the basic and adequate knowledge of the laws.

So, here are some questions you might have in your head, along with their answers.

Q1: What Are The Disadvantages Of Worker’s Compensation?

A serious disadvantage of worker’s compensation is that it might discourage the employees from pursuing further employment. Many individuals might feel that to continue getting worker’s compensation payment, they must obtain from working some specific jobs to prove the severity and seriousness of their injuries. To learn more, visit Employment law firm in Miami.

Q2: What Are The Pros And Cons Of Worker’s Compensation?

The pros of Worker’s compensation are;

No more litigation.
The opportunity to revisit the settlement terms.
In exchange for future benefits, recompense.

Now let’s look at its cons of it.

You might end up with less than you actually deserve.
In the future reopening, a case might lead to a lower award.

Q3: What Is The Highest Workmans Comp Settlement?

Till now, the largest worker’s compensation settlement payment is a $10 million settlement agreement. The case came in March of 2017.

Read Also:

What Kind Of Lawsuit Will do You Require

Arnab

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

View all posts

Premises Liability in Indiana

What is Premises Liability? Premises Liability is the legal idea that if someone is injured on your property due to unsafe structures, mismanagement, or other instances of dangerous conditions, you are liable for the injury. Property owners are expected to maintain safe conditions on their property, and if they fail to do so, are held responsible for any accidents that may occur due to their negligence. If you or a family member have been injured on someone else's property, you may be eligible for financial compensation due to medical bills, lost income, distress, pain, and suffering, or wrongful death. What are Indiana's Laws on Premises Liability? Indiana determines Premises Liability based on the nature of the injury and the nature of your presence on the property. The injuries could be from things such as a dog bite, a slip, and fall due to improper maintenance, falling objects, exposure to dangerous substances, or a variety of other hazardous scenarios. In addition to the nature of your injury, Indiana considers the circumstances of your presence on the property when deciding the owner’s “duty of care.” This is divided into three categories: Invitees - Invitees are held in the highest regard in a Premises Liability case, as they are invited onto the property from the owners. It is the responsibility of the owner to suitably warn an invitee of any potential hazards or dangerous conditions. If the property owner has invited an individual onto their property and failed to properly warn the invitee of a hazard that resulted in injury, they are held liable. Licensees - A licensee is an individual who has permission to access a property, but for their own purposes. The property owner is still has a higher “duty of care” to a licensee than a trespasser, but only in that they must inform a licensee of a hazardous condition if the owner explicitly knows about the hazard, or that it is very likely the licensee would be unable to identify the hazard on their own. Trespassers - Trespassers have the lowest duty of care in an Indiana Premises Liability case, because they have entered the property on their own accord, and without permission from the property owner. This does not always mean that they are not entitled to compensation due to an injury, but the circumstances are generally more complicated. If the trespasser is a child, there is a higher duty of care than an adult who knowingly enters a property without the express permission of the property owner. I’ve been injured, should I consider a Premises Liability suit? Regardless of the circumstances of your injury, it is in your best interest to consult with a personal injury attorney in Carmel Indiana regarding your situation. Many law offices will provide a free consultation to explore the circumstances of your injuries, the hazardous conditions that led to your injury, and your rights. There is a statute of limitations for any Premises Liability suits in Indiana, so it is recommended that you pursue this case in a timely manner. Read Also : What You Need To Know To Win Your Slip & Fall Case How To Choose A Personal Injury Lawyer

How Did COVID Change Landlord-Tenant Laws

The COVID-19 pandemic did a number on every industry across the globe. Even the real estate sector, well known for its relative stability, was not immune to its effects. In some instances, the battle was between lives and livelihood as many tenants lost their jobs. And with it, the ability to pay their bills, including their rent. These unfortunate circumstances necessitated changes to the usual landlord-tenant laws practically overnight. Due to these changes, landlords have had to suspend their home renovation plans to fully grasp these new laws and avoid legal suits. Read on for an overview of how exactly COVID changed landlord-tenant rules. Rent suspension One of the most impactful changes to the landlord-tenant laws is rent suspensions. In the heat of the pandemic, the government was forced to suspend rent collection in specific locations and for particular demographics, as the lockdown dealt many citizens a heavy financial blow. Of course, this decision pushed most of the weight onto the landlords who could not rely on getting their regular passive income. But in August 2020, the external control of rent was partially lifted, allowing landlords to charge full rent and increase it. However, this comes with the condition that COVID-19 has not heavily impacted your tenants. So, for the most part, limits on rent increases are still in place. Rent arrears Rent arrears refers to the unpaid rent a tenant owes their landlord. Under normal circumstances, property owners reserve the right to evict an occupant who doesn't comply with their payments, but such laws were suspended amid the pandemic. Policies such as the COVID-19 Tenant Relief Act of 2020 were set up to protect tenants from losing their homes. Following the signing of that Act in February 2021, it became illegal for landlords in California to evict renters with longer than 12 months' tenancy. So rather than issue eviction requests, landlords owed rent, or the tenants themselves need to seek relocation assistance payments from relief bodies. Dispute resolutions The sudden changes to landlord-tenant laws in the wake of the coronavirus make disputes inevitable. Despite the effort of government policies to protect both parties, there are still a lot of grey areas that leave room for conflict and require mediation. However, to curb the spread of COVID-19, the suspension of the routine procedure has left people confused about where to bear their grievances. If you're a landlord having trouble with your tenant, you may appeal at court where an adjudicator will deliberate over your case and try to help you reach an amicable decision. If the mediator cannot help you get a consensus, you may take up the case to a hearing by a 3-person Tenancy Tribunal. Many of these adjudications and hearings take place over the phone or virtually, so you may not have to leave the safety of your house. Protection for landlords It's clear to anyone that real estate policies often defer to the side of the tenant. But that doesn't mean the law has left all landlords in the cold. After all, COVID-19 marked everyone, so there are laws to protect landlords from going bankrupt. Despite the policies pushing rent suspensions and eviction bans, the landlord can take steps to refute their tenant's protection under these laws based on certain conditions. You'll have to go through the trouble of filing an eviction notice, which will receive approval if: The tenant still owes rent as of August 2021 The tenant violated their landlord-tenant agreement. The tenant did not seek relief assistance after you issued a rent arrears warning notice. The withholding of rent would cause the landlord undue financial hardship How do Landlords protect themselves? Familiarize yourself with the current laws As a landlord, the best way to protect yourself from a lawsuit or other legal pitfalls is to familiarize yourself with the current landlord-tenant laws. Of course, keeping up with both national and state laws can be a challenging task. The effort could save you more trouble in the future. Alternatively, to err on the side of caution, you should contact an expert before taking any legal steps. Seek external aid for your tenants Most investors are in real estate for the money. Still, it's essential to remember to be kind. Everyone is having a tough time because of COVID, and it's more likely your tenant genuinely can't meet up with the rent because of financial constraints rather than harboring their money out of malice. Extend a fig leaf by offering a more flexible payment scheme or helping them look for rent relief programs that can assist. Seek external aid for yourself Alternatively, you can also look out for your interests by seeking external aid for homeowners. Banks and other lending institutions are also offering handouts during this trying period in the way of waiving late fees or offering refinancing options for your mortgage. There are also a few tax breaks and deductions applicable to landlords to make up for the rent freezes and eviction moratoriums. Keep your records Since the Centers for Disease Control and Prevention (CDC) issue to stop evictions expired in August 2021, there have been evictions in large numbers in many states. Despite this trend, policies and legal aids to protect tenants are still in place. So if you're bent on removing an occupant from your property, ensure you have all written records of your correspondence with the tenant. These documents serve as proof you did your due diligence and may absolve you from a potential suit. Conclusion If you're a landlord finding it hard to keep up with the recent changes to landlord-tenant laws, you're not alone. Still, rather than remaining aloof, you could contact a professional who understands the rental market more than you do. Hiring an experienced property manager could be an excellent investment, as they can steer you away from hefty fines and lawsuits. They can also help maximize your rental property's income as you weather through the effects of COVID. Read Also: 10 Rights You Have as a Tenant That Your Landlord Won’t Tell You About How to Protect Your Property as a First Time Landlord? 5 Unexpected Expenses of First-Time Renters

What are the Grounds for Divorce in Illinois?

In Illinois, you can file for a fault or no-fault divorce. While the grounds for both types of divorces vary, one thing remains the same. Your situation needs to meet the state’s requirements in order for you to have a recognized divorce. Find out all about the grounds for divorce and what it means for you. No-Fault Versus Fault Divorce: Before you consider the grounds for divorce, you should understand the differences between fault and no-fault divorce. In a no-fault divorce, no one is to blame. Instead, the marriage is over because of irreconcilable differences. You don’t need to prove any type of misconduct. A fault divorce is one in which one spouse is to blame. For example, one partner could cheat on the other. The act of cheating would place the blame on their shoulders. If you want this type of divorce, you need proof. Accusations alone are not enough. Some states, like Florida, are strictly no-fault states. However, Illinois is one of the few states that offers the option for either type of divorce. The Grounds for Divorce: Because a fault divorce places the blame on an individual, the grounds for it are strict. To qualify for this type of divorce, your partner needs to be guilty of at least one of the following: Impotence Bigamy Abandonment for a minimum of one year Adultery Infecting the spouse with an STD Two years or more of drug addiction or alcohol abuse Extreme physical or emotional abuse Attempted murder of the spouse A felony conviction During the divorce process, the fact that one party was at-fault is not very significant for financial matters. According to divorce law in Illinois, the fault does not affect the division of property or alimony. But, it does matter for child custody and visitation. An at-fault parent could have limited custody as well as limited visitation rights. They may also have less of a right to joint pets. Grounds for No-Fault Divorce: Although you don’t need to prove any marital misconduct for no-fault divorce, you do need to wait. In Illinois, you need to live separate and apart from your spouse for two years before you can divorce. If you reside in the same house as your spouse for those two years, you need to prove that you were not together. More specifically, you need to prove that you only lived as roommates. You also need to show that your marriage is beyond repair as a result of irreconcilable differences. If you had efforts at reconciliation, you need to show that they failed. Finally, you need proof that any future attempt to save your marriage would be a failure. Getting Around the Waiting Period: The two year waiting period for a no-fault divorce can be inconvenient and challenging. If you want to speed up the process, you have one option. You and your partner can live separate and apart for six months. Then, you can agree in writing to waive the two-year waiting period. When both partners can’t agree to waive the waiting period, there is no way around the two-year wait. Either way, you could benefit from working with a Schaumburg divorce attorney. The divorce process is not an easy one. When you work with a divorce lawyer in Schaumburg, IL, you can get the answers to all of your questions. Read Also: Benefits Of Using Divorce Lawyers Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases

Pros & Cons Of Hiring A Worker’s Compensation Lawyer