how to hire a workers comp attorney

To start, gather the names of a few workers’ comp lawyers that you might want to hire. You can find attorneys through the lawyers.com directory or your local bar association’s lawyer referral service. You might also ask friends, coworkers, and family if they've worked with a workers' comp attorney and, if so, whether they had a positive experience.

Full Answer

When You Can Probably Represent Yourself

As a general rule, you may be able to get by without an attorney if all of the following statements are true: 1. You suffered a minor workplace inj...

What Your Attorney Will Do For You

In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence ne...

Tilting The Scales in Your Favor

The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostl...

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 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.

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.

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.

What is a workers comp attorney?

A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits.

What are some examples of situations that call for a lawyer's intervention?

Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct.

What to do if your employer has fired you?

If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct.

What to do if you can't agree on a settlement?

If you can't agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial. Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney.

Can you get workers comp if you have a permanent disability?

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.

Do you have to have judicial approval for workers comp?

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

Does a workers comp attorney cover lost wages?

Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.

How to find a workers comp lawyer?

To start, gather the names of a few workers’ comp lawyers that you might want to hire. You can find attorneys through the lawyers.com directory or your local bar association’s lawyer referral service. You might also ask friends, coworkers, and family if they've worked with a workers' comp attorney and, if so, whether they had a positive experience.

How to find out if an attorney is licensed?

In many states, you can look up attorneys by name on the state bar website and find out whether they’re in good standing and authorized to practice law. You should also be able to see how long they’ve been in practice and whether they’ve been disciplined for unethical behavior.

What to do if a lawyer turns you down?

Just because a lawyer turns you down, that doesn’t necessarily mean you won’t be able to find another one to represent you. Some lawyers are busier than others and more selective about the cases they take on. So keep trying. But if several attorneys say no, you may still file a claim and proceed on your own. Contact your state workers’ compensation agency to get information and the necessary forms. Some state agencies have free assistance programs or ombudsmen to help injured employees through the process.

What to expect from a lawyer meeting?

But you will also be evaluating the lawyers to see if you want to hire them. Pay attention to whether they understand the issues in your case, seem to be good listeners, and answer your questions thoughtfully. At the end of the day, you’ll want to feel confident that your lawyer will handle your case competently, communicate with you regularly, and offer you advice and support along the way.

What is the most likely case to be taken on by a lawyer?

Lawyers are more likely to take on cases that involve moderate to severe injuries, which could result in larger settlements or awards.

Do workers comp lawyers get paid?

In almost all states, workers’ comp lawyers charge a certain percentage of your settlement or award. If you lose your case, your lawyer isn’t paid. So attorneys might hesitate about taking your case for various reasons, including: