Reasons Why Your Workers Comp Claim May Not Qualify

October 12, 2021by Lori Polemenakos1

You completed an online evaluation to see if you might qualify for legal assistance with your workers comp claim. However, based on the answers you gave LegalASAP, your workers comp claim doesn’t appear to qualify. Below are some reasons why some people might not qualify for legal help with their claim for workers’ compensation benefits.

Reason #1: Your Workers Comp Claim Is Already Past Your State’s Statute of Limitations

Depending on where you live, you have a limited time to file your workers comp claim. You’ve probably heard stuff like this on legal TV commercials, but it’s true – and it’s called the statute of limitations. Most states allow two years to file a workers comp claim. However, in just a handful of places, that deadline arrives much faster. If your injury happened too long ago, then legally, there’s nothing we can do to help you. And that’s true for the attorneys we match people with to complete their case reviews, too.

Reason #2: Your Injury Didn’t Happen While Doing Your Job

No matter where you live, this is the one basic requirement that validates your workers comp claim to receive benefits. And if your injury happened before you clocked in or isn’t work-related, you don’t have a valid workers comp claim. We understand that some cases seem like they might qualify for benefits, but technically don’t based on your state’s laws. Even if another coworker starts a fight with you where you both work, that’s not technically a work-related injury.

Reason #3: Another Lawyer Already Reviewed Your Workers Comp Claim

Unfortunately, this means LegalASAP cannot match you with a local attorney to review your workers comp claim free of charge. Maybe you’re unhappy with your current attorney or advocate, or just want a second legal opinion. However, if an attorney is already helping with your workers comp claim, that also means you signed a retainer. Since you signed what’s basically an exclusive contract for that attorney or advocate’s services, LegalASAP isn’t willing to break it. And if another lawyer already rejected your case after reviewing your workers comp claim, we can’t help you, either. Our lawyers won’t spend time reviewing an invalid workers comp claim when they could help current or prospective clients instead.

Reason #4: You Didn’t Miss Enough Work to Qualify for Lost-Wage Benefits

If your injury is minor and you don’t need time off to recover, workers’ compensation only pays your medical bills. However, in most states, medical-only workers’ compensation goes directly to your healthcare provider(s), not you, the injured worker. Since you can’t qualify for lost-wage payments, the lawyer reviewing your case cannot receive any fees for representing your case. In case that still sounds confusing, this means there’s zero chance of you retaining the attorney who evaluates your claim. Any attorney we can match you with for a free workers comp claim review also provides contingency-based representation. That means he or she only receives payment after you get benefits from your employer. Since the only benefits you qualify for went to your healthcare provider, your employer owes you no additional compensation.

Reason #5: You’re a Federal Employee Who Needs Workers Comp Claim Help

LegalASAP doesn’t currently have any attorneys in our network who can review federal workers comp cases. Instead, you should review the Federal Employees’ Compensation Act (FECA) FAQs on the U.S. Department of Labor’s website. This page explains how to file your claim, which forms you need to apply, how to calculate your benefit, etc.

Reason #6: We Have No Attorneys Available to Review Your Workers Comp Claim Right Now

Unfortunately, LegalASAP can’t always match you with a nearby lawyer for a free workers comp claim evaluation. Some people live in areas with few or no attorneys who accept workers’ compensation cases. Others might live near several law firms or attorneys, but they’re all busy right now helping other clients or prospects. If that happens to you, we strongly recommend you do this next:

  1. Type the name of your state + workers compensation into your favorite online search engine.
  2. Look for the first link in search results that ends with “.gov” and click on that. For example: After typing in “Texas workers compensation,” I clicked this link: https://www.tdi.texas.gov/wc/index.html
  3. Look for the section that talks about filing your claim or reporting a workplace injury. You’ll likely find the answers you seek there.
  4. You can also contact your company’s HR department or hiring manager directly to discuss your situation. It’s likely that person can walk you through whatever issues you have with your claim and answer all your questions.

Reason #7: You’re Undocumented and Working Illegally

Depending on where you live, you might not qualify for workers’ comp because you’re undocumented. If you’re working in the U.S. illegally, it’s unlikely an attorney could secure you benefits even if your injury occurred while doing your job tasks.

Ready to see if you may qualify? Complete your free online workers’ compensation case evaluation now!

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Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.

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