When to Get a Lawyer for a Work Injury

November 4, 2025 | Workers' compensation

If you or someone you love has been hurt on the job, the first question that pops into most people’s heads is: what now? Workers’ compensation exists to answer that, but the system is layered with rules, exceptions, and practical hurdles that can make an already stressful situation much worse.

Essentially, workers’ compensation should get you medical care, income benefits while you cannot work, and a disability evaluation if your injury leaves a permanent issue. In practice, getting those benefits can require strategy, documentation, and sometimes experienced legal help.

What Is Workers’ Compensation and Who Is Eligible?

At its core, workers’ compensation is a no-fault system designed to make sure people injured while doing their jobs get medical treatment and income while they recover. The idea is straightforward: if an employee is injured within the course and scope of their employment, they should receive benefits regardless of who caused the accident. That means even if the worker is partially or fully at fault, workers’ comp can still apply.

But there are important eligibility rules to keep in mind. Each state has different thresholds and exceptions.

• Employer size and state rules. In Nebraska, for example, the employer must have at least one employee for workers’ compensation coverage to be required. Other states have different minimums.
• Industry exclusions. Some industries and situations may be excluded, such as certain farm labor or specific independent contractor relationships. Always check the local rules or consult a lawyer for the nuances.
• Course and scope. The injury must occur in the course and scope of employment. Commuting to work, personal errands, or injuries that happen entirely outside work tasks may not qualify.
• Physical component. Workers’ compensation typically requires a physical injury or physical manifestation of an injury. Purely emotional claims without a physical injury are generally not covered, although mental health treatment can sometimes be covered when tied to a compensable physical injury.

When an injury is compensable, three basic benefits flow from the system:

• Medical treatment. You should get the care you need to recover. Most states have rules about panels of physicians that the employer posts; employees often must choose from that panel in initial treatment.
• Income benefits. If you cannot work because of your injury, workers’ comp pays a percentage of your wages during your recovery.
• Disability or impairment benefits. Once you reach maximum medical improvement (MMI), a treating physician may assign an impairment or disability rating to reflect any permanent limitations. That rating can affect long-term benefits and compensation for permanent loss of function.

Common Types of Work Injuries and Where They Happen Most

Certain industries produce more workplace injuries than others. During and after the pandemic, one high-volume source of cases has been warehouses and distribution centers.

• Warehouses and fulfillment centers. These environments are fast-paced and physically demanding. Conveyor lines move quickly. Packages and heavy items fall. Forklifts operate in confined spaces. Repetitive motion, slips, trips, and falls, crush injuries, and lifting strains are common. As e-commerce grows, so do the number of workers in these environments and the number of injuries they suffer.
• Construction and trades. Falls from height, equipment accidents, and heavy physical labor make construction and skilled trades common sources of serious injuries.
• Healthcare and caregiving. Lifting patients, slips in clinical settings, and repetitive motions can injure caregivers, nurses, and other medical staff.
• Office and service jobs. While often perceived as low risk, office jobs can still produce injuries—think repetitive strain (like carpal tunnel), falls, or even injuries tied to workplace assaults.

What a Workers’ Compensation Attorney Brings to the Table

Not every injured worker needs a lawyer, but many benefit from one. Attorneys help in several concrete ways:

• Claim strategy and early evaluation. Lawyers can quickly determine whether you have a valid workers’ comp claim, a third party claim, or both. They identify the best path forward and explain what to expect from the system.
• Getting you to the right doctors. In many jurisdictions employers post a panel of physicians. Attorneys help make sure you see the appropriate specialists and that you do not get lost in the system. For serious injuries, getting access to neurologists, neuropsychologists, endocrinologists, or other specialists may be essential—but those doctors can be harder to secure under workers’ comp arrangements.
• Handling disputes with insurers. Insurers can refuse treatment, contest medical necessity, or try to paint injuries as preexisting conditions. Attorneys fight those denials, obtain independent medical evaluations (IMEs), and provide the medical and factual evidence needed to counter insurer positions.
• Mediations and litigation. If a case cannot be resolved informally, attorneys negotiate through mediation or move the case to trial. A skilled lawyer will know how to present medical records, witness testimony, and expert opinions in a way that maximizes your chance of success.
• Protecting benefits. Because weekly workers’ comp benefits are often a fraction of normal wages, protecting access to treatment and benefits is crucial. Lawyers prevent premature benefit terminations and work to make sure you receive the income replacement and disability compensation you are entitled to.

Key Steps to Take After a Work Injury

If you are injured on the job, take these practical steps right away:

1. Get medical attention. Your health is the priority. If it is an emergency, go to the ER. Otherwise, follow your employer’s procedures for reporting and seeking care from a posted panel physician if one exists.
2. Report the injury. Notify your supervisor or employer in writing as soon as possible and document the incident details: time, place, witnesses, and what happened.
3. Document everything. Keep records of medical visits, notes, imaging, prescriptions, and any correspondence with the employer or insurer. Take photos of the hazard or injury scene if safe to do so.
4. Follow medical advice. Attend all doctor appointments and follow treatment plans. Missed appointments can create problems with the claim.
5. Consider legal consultation. If there is delay, denial of treatment, an employer dispute, complicated injuries, or a potential third party at fault, get a free consultation from a workers’ comp attorney to understand your rights.

When to Call a Lawyer

Not every case requires an attorney, but you should strongly consider legal counsel when:

• Treatment is denied or delayed.
• Your benefits are cut off or your employer claims you are not eligible for further benefits.
• You have a complex injury requiring specialty care that is difficult to secure.
• Preexisting conditions become the focus of a dispute about causation.
• There is a viable third party who may be responsible for your injuries.
• You face a serious long-term disability and need a permanency rating evaluated fairly.
• You are unsure how to navigate the wage calculation for lost income benefits.

A good lawyer provides candid advice. They will tell you whether your case is straightforward or if it sits in a gray zone that likely needs professional advocacy. Ultimately, the injured worker makes the final decisions about settlement and offers, but an attorney will give the context necessary to make informed choices.

If you have any doubts about your situation, contact an experienced attorney.