how to select the attorney for workers comp

When evaluating workers’ comp attorneys, consider the following factors:

• Experience:You want an attorney with many years of experience working with workers’ compensation claims. ...
• Knowledge:Look for a lawyer who knows about your particular injury. ...
• Success:No lawyer should ever guarantee you a successful outcome in your workers’ compensation claim. ...
• Communication:As an injured employee, you want answers. ...

Full Answer

How do I find a workers'comp lawyer?

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.

What should I look for when hiring a workers'compensation lawyer?

You’ll also want to know if the lawyers focus their practice on workers' compensation cases in your state, if they usually represent injured employees, and whether they have a good reputation with previous clients.

How much does a workers'comp lawyer charge?

Workers' comp lawyers typically don't charge a fee for the initial meeting, which may happen by telephone or in-person. If attorneys can’t schedule a meeting promptly, it may be a sign that they’re too busy to take on your case.

Can I file a workers’ compensation claim without an attorney?

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.

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How does workers comp work in NY?

Upon approval for a workers' compensation claim, you will receive payments from the insurer every two weeks. Every 45 days, your doctor will submit a progress report to the Board. If 12 weeks pass, and you are still recovering, the insurance carrier will consider whether rehabilitation treatment is necessary.

How do I file a workers comp claim in NY?

File a Workers' Compensation Claim in New York State Call 877-632-4996 to speak with a New York State Board representative. Complete and file the C-3 Employee Claim form.

How long does a workers comp settlement take in NY?

Typically, the process from hearing to approved payment takes approximately 3 weeks. The employer's insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers' Compensation Board's decision.

What is the maximum workers compensation in NYS?

Accordingly, the maximum weekly benefit rate is $1,063.05 for compensable lost time for workers' compensation claims with dates of injury during the period from July 1, 2021, through June 30, 2022.

Which situation qualifies an employee for workers compensation coverage?

You must be an employee. Your employer must carry workers' comp insurance. You must have a work-related injury or illness. You must meet your state's deadlines for reporting the injury and filing a workers' comp claim.

What is the penalty for not having workers compensation in New York?

The penalties for noncompliance can be as high as $2,000 for every 10-day period without coverage. By the time an employer receives their first penalty notice, the penalty may be more than $12,000.

How is workers comp calculated?

Most often, benefits are calculated and paid based on the average weekly wage. This is calculated by multiplying the employee's daily wage by the number of days worked in a full year. That number is then divided by 52 weeks to get the average weekly wage.

How long does compensation take after medical?

Medical negligence claims As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

Look for attorneys with credentials, too

One key mark of quality in a workers’ compensation attorney is membership in professional organizations focused on protecting injured workers’ rights, such as the Workers’ Injury Law & Advocacy Group (WILG) and the Workers’ Compensation Section of the American Association for Justice (AAJ).

The right attorney will ask plenty of questions

Effective workers’ compensation attorneys are detail-oriented and know how to get to the bottom of complex cases. That starts with your initial consultation. We need to know how the injury happened, what your symptoms are, and what your medical prognosis is.

Come prepared to ask the attorney questions, too

A consultation with a workers’ compensation attorney is meant to be a two-way street. The attorney will assess your potential case, but you should also assess the attorney and determine whether they’re the right fit for your case. Some of the questions you should ask in a consultation include:

Feel free to talk to more than one law firm

Especially if you have a permanent injury, workers’ compensation can be a lengthy and challenging process that will involve many candid conversations with your attorney. You need to be sure that you are comfortable talking to your lawyer and confident that they will act in your best interests.

Treat the Consultation Like a Job Interview

Hiring a lawyer is a major investment and you want to make sure they’re right for the job. Take advantage of the free consultation by understanding their credentials. Additionally, you’ll want to find out if you will feel comfortable working with them.

Find an Attorney Who Will Let You Speak to Past Clients

Another part of the hiring process is asking for references.

Research Local Attorneys Online Before Making Any Decisions

If you’ve suffered a work-related injury or illness, you could be entitled to compensation. Whether it be in the form of wage reimbursement, disability benefits, medical benefits, or another form of entitlement, a workers’ compensation attorney can advocate on your behalf.

Look for Recommendations, Reviews, and Testimonials

With many lawyers relying on word of mouth to get referrals, the best place to start your search is with family, friends, or colleagues.

Research Attorneys Online

Online sites allow users to review everything from ice cream shops to travel agents—that means lawyers, too. Sites like Avvo have extensive lawyers directories nationwide, spanning all practice areas. Using these sites is a nice way to collect extra information to supplement personal referrals.

Go with Your Gut Instinct During the Consultation

The most important step in this process is the consultation. Even great websites and shining reviews can be useless if the lawyer just doesn’t feel right after meeting face-to-face.

Decision Time: Can the Attorney Get the Job Done?

Walking away from the consultation, do you feel confident? Assured that the lawyer in question can get the job done? Meet with several lawyers to avoid making a snap decision.