how to find a good workers comp attorney

by Earnestine Kihn IV Published 2 years ago Updated 1 year ago 5 min read

Ask Your Family, Friends or Neighbors If you’re starting from scratch in your search for the right workers’ compensation lawyer, the best place to start looking is to ask ...
Check With State and Local Bar Associations Your state or local bar associations or even local legal aid offices can help you separate the wheat from the chaff. ...
The Internet

Full Answer

How to find a good workers' compensation lawyer?

Should I hire a workers' comp attorney?

How much does a workers' comp lawyer charge?

The Attorney. Since workers’ comp lawyers generally work on a contingency fee, many firms would assign paralegals to your case. Ensure that you are working directly with an attorney and not a paralegal in your case. Free Consultation. Most good lawyers and law firms offer free consultations to prospective workers’ comp clients! Also check whether you feel comfortable …

What exactly does a workers' compensation attorney do?

Aug 25, 2017 · You won’t get the same level of assistance if Workers’ Compensation isn’t an attorney’s primary practice area. 2. Do your homework on Google. Search for Workers’ Compensation attorneys in your area. Look at reviews, browse websites, and read attorney bios online. Many firms have social media presences and blogs.

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You just need to find out if the lawyer has handled more than enough workers’ comp claims to be familiar with the process of filing one in your state. The Success Rate2 Your lawyer can provide you with information about their success rate when it comes to work injury claims. The rate should be high and ideally be at 90% and above. The Work

How long do most workers comp settlements take?

about 16 months

Workers Compensation cases can sometimes settle shortly after an injury (within a few weeks or a couple of months), or they can take years. The average workers' compensation case will be resolved within about 16 months. A resolution may result in a settlement agreement or a hearing with a judge.

What is the highest Workmans Comp settlement?

To date, California holds the record for the highest workers' compensation settlement values in the country. In March 2017, a workers' compensation attorney beat his own nationwide record of an $8.9 million settlement with a $10 million settlement.Apr 27, 2017

Can I get full pay after a work related injury?

There is no legal requirement for an employee to be paid full pay by their employer when sickness absence is due to a workplace accident in circumstances where there is normally no provision for full sick pay.

Are workers comp settlements taxable?

The short answer is no. Under the Income Tax Assessment Act 1997, the payment of a lump sum amount in relation to a motor vehicle accident, workers' compensation or slip & fall compensation claim is not assessed as income and does not need to be included in your tax return.Mar 26, 2019

What to do if your attorney doesn't return your calls?

If they treat you rudely or dismissively, or don't return your calls promptly, feel free to take your business elsewhere. As your case progresses, your attorney should provide you with periodic updates on the status of your claim. If you rarely hear from your attorney, speak up about your concerns.

Is there a way to distinguish workers comp from dabblers?

Unfortunately, it's not always easy to distinguish the workers' comp experts from the dabblers. Television commercials, Internet marketing, billboards, and print ads often contain more style than substance.

Do all workers comp attorneys offer free consultations?

Virtually all workers' comp attorneys offer free initial consultations with prospective clients. While your lawyer will certainly ask you dozens of questions related to your claim, you should be asking just as many questions. Remember: This is a job interview, and you are the employer.

How to find a workers comp attorney?

Search for Workers’ Compensation attorneys in your area. Look at reviews, browse websites, and read attorney bios online. Many firms have social media presences and blogs. Take advantage of those resources to make sure you feel a connection.

What to do if your case is denied?

Make sure whoever you retain will help you get the best possible medical treatment -- that means helping you find a doctor who isn't in the insurance company's pocket -- and will fight for you when the insurance company denies necessary treatments. If your case is denied, your attorney should help you find a doctor who will treat on lien. Care is key.

How to prepare for a free consultation?

Once you have your free consultation booked, you can start preparing for it. Namely, you should think about the questions you want to ask and why. It helps to remember that your attorney will be hired by you. See yourself as the boss and treat the consultation like you would a job interview with you being on the employer’s side of the desk.

Do most firms offer free consultations?

Most firms offer free consultations to prospective clients! Does the person you talk to make you feel comfortable? Does he or she answer your questions and reassure you? Dealing with a workplace injury and a Workers’ Comp. claim can be incredibly painful and stressful, and you want to retain someone who will help you get through this difficult time.

Is workers compensation confusing?

Workers' Compensation is confusing, and the system is working against you. Having the right attorney can make all the difference. Here are a couple of tips for making sure that you choose the right workers' compensation attorney:

Practice

Ask your lawyer how long they have been practicing law. This will help you gauge how comfortable you are with working with a lawyer who may be relatively inexperienced. You may find that you feel more comfortable with an established lawyer. On the other hand, some people find younger lawyers’ aggressiveness more desirable.

Specialty

There are various cases involved in workers’ comp, and if you want to know your lawyer’s specialty, ask them about their experience working on cases similar to yours. That way, you’ll know if a lawyer can prepare a good case and has experience in fighting for the kind of injury you have.

The Number Of Work Injury Claims They Have Handled

If you want to get a feel of the experience of your lawyer in handling work injury claims, ask them about the number of work injury claims they have handled. Of course, the lawyer may not be able to give you the exact count on the spot, and that’s okay—a rough estimate will do.

The Success Rate2

Your lawyer can provide you with information about their success rate when it comes to work injury claims. The rate should be high and ideally be at 90% and above.

The Work

Keep in mind that most firms have paralegals and case managers who handle a significant portion of the workload on clients’ cases. That is perfectly fine, but you still want to ensure that you can talk to your lawyer should you have any questions or concerns about your case.

Cases To A Trial

When it comes to a worker’s comp claim, your goal is to settle. However, you still want to know if your attorney is prepared to take the case to trial if needed. Ask your lawyer about past experiences in resolving cases through other means other than settlements.

Fees

Lawyers can work on keeping legal expenses as low as possible, but finding expert witnesses or gathering information can sometimes be costly. Most lawyers in the workers’ comp field will cover all of their upfront costs and deduct them from your award once the case is settled.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.