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The Law Office of Dale Wagner offers introductory answers to frequently asked questions about the services of our office. Click on a subject heading below to view questions and answers relating to your selection. Should you have any further questions, please consult our Contact Us page.
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- If disability benefits are controlled by a set schedule, why do I need a lawyer to assist in handling my claim?
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You are encouraged to work with your assigned claims manager without the assistance of a law firm. In some cases; such as those not involving serious injuries or extensive time loss from work, and with no employer intervention in the claim, legal representation may not be necessary. Having an experienced attorney review your claim, even if only during an initial consultation, can help you to identify future pitfalls and problems or, in the best case scenario, may confirm that you are getting all of the benefits to which you are entitled. The Law Office of Dale Wagner is available to meet with you at no charge to discuss your rights under Washington's Industrial Insurance Act. It is the policy of this office not to become involved in a claim until it is earnestly believed that it is to the benefit of the injured worker to have legal representation.
With that said, there are many different laws and countless cases interpreting those laws which can impact your entitlement to benefits. An attorney knowledgeable about those laws, and the system in general, can help to ensure your rights are protected. Because of the complexity of the medical-legal issues in these claims, a worker trying to navigate on their own may well fail to receive appropriate benefits either by mistake or because such benefits are contested by your employer or the Department of Labor and Industries. The Department of Labor and Industries is always represented by legal counsel in appeals of contested benefits. Many employers are also represented by legal counsel in the process. The Department of Labor and Industries and employers can also simply make administrative mistakes, resulting in the denial of benefits, which may rightfully be yours. Unfortunately, if claims decisions are not protested within the short periods of time allowed by law, they become final and binding even if you can later show that the decision was based on an error of fact or law.
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