what do i ask my workers comp attorney

^{9 Workers’ Comp Questions You Need to Ask Your Attorney}

1. Do I Really Need a Lawyer? One of the first things you’ll want to ask a workers’ comp lawyer is whether you really need to hire a lawyer. ...
2. What Is Your Success Rate? Ask any potential attorney what their success rate is. How often are denied claims overturned? ...
3. How Often Do You Take Cases to a Hearing? If you can’t agree on a settlement amount with your employer’s insurance company, you may want to take the case ...
4. Does It Matter If It Was My Fault? Generally, even if the workplace accident was your fault, you are still entitled to benefits. ...
What Is Your Fee? Most workers’ comp attorneys work on a contingency basis, which means they get paid only when you do. ...
Can I File a Lawsuit? Typically, workers’ comp is your only option to get compensation for work-related injuries. ...
What Kind of Benefits Can I Get? If your workers’ comp claim is successful, your medical bills related to your injury should be covered. ...
What If My Employer Offers Other Work? Some employers offer “light duty” to employees if their doctor will approve it. ...
Should I Speak to the Claims Administrator?

Full Answer

When should employers hire a workers' comp lawyer?

One of the first things you’ll want to ask a workers’ comp lawyer is whether you really need to hire a lawyer. In some situations, you may not need one. If your injury was minor and you only missed a day or two of work, you probably don’t need to hire an attorney. However, if your claim is denied or your injury is serious and resulted in long-term medical treatment or permanent impairment, …

Should you hire workers comp lawyer?

Jul 16, 2019 · One of the most important questions to ask a workers compensation lawyer is whether he offers a free consultation. Many attorneys do this as a courtesy to a potential client but it’s better to ask and not assume. How Many Years Have You Practiced. Another vital question to ask an attorney is how long he has practiced as a workers compensation lawyer.

Why do I need workers comp lawyer?

Mar 05, 2019 · When you have received injuries on the job, the logical thing to do is file a workers' compensation claim as soon as possible. However, this process can be complicated, and is sometimes frowned upon by employers. In fact, many employers will intimidate or threaten employees who wish to file claims, often discouraging them from doing

What are good questions to ask a lawyer?

Aug 24, 2020 · Here are 10 questions that we recommend you ask the lawyer at the meeting —and the answers you will get if you consult with a lawyer at Pearson Koutcher Law: 1. How much will my lawyer charge as a fee? The standard attorneys’ fee a lawyer charges in a Pennsylvania workers’ comp. case is 20 percent of the benefits that you are awarded.

What percentage does a workers comp attorney get in California?

The laws and regulations dealing with attorney's fees vary depending on where you live. In California, the workers' compensation judge will authorize a fee of 10%, 12%, or 15%, according to the complexity of your case. In a case where you settle for $40,000, your attorney's fee could be anywhere from $4,000 to $6,000.Jul 6, 2016

What percentage does a workers comp attorney get in Illinois?

20%The Illinois Legislature has set attorneys' fees for workers compensation cases at 20% for most situations. If there is a separate case against a third-party, the case is handled separately, and the separate fee agreement will need to be agreed upon.

How do workers comp attorneys get paid?

Workers' compensation attorneys are paid on a contingency basis. That is, they don't get a penny until they recover benefits for their client. Workers' comp attorney fees are usually 15 percent of the total permanent disability award.

What happens if you are injured on the job?

If you were injured on the job and you need medical treatment or are unable to work, you might be eligible for workers' compensation to help cover your medical expenses and lost wages.

Can you sue your employer for a car accident?

Generally, you can't sue your employer for personal injury after a workplace injury, even if the accident was your employer's fault. However, if there was a third party involved in the accident, such as another driver in the case of a work-related car accident, or a defective product such as in the case of an equipment-related injury, you may be able to sue the third party for damages.

Can employers deny workers comp claims?

Unfortunately, many employers and their insurance companies do what they can to limit or deny workers' comp claims. That means you need to take precautions to protect your work injury claim.

What is a Workers Compensation Lawyer

A workers compensation lawyer specializes in cases for people with a workers compensation claim. Workers compensation laws protect people injured or disabled while working.

Should You Hire a Workers Compensation Lawyer

If you’ve never experienced a serious injury, resulting in disability, you may not know what to do. A workers compensation lawyer is experienced and knows the steps for securing a settlement. He will explain the necessary tasks from filing the claim to receiving your recovery.

Important Questions to Ask Your Workers Compensation Lawyer

When considering to hire an attorney you should take your time to find the right professional. Compose a list of questions to ask a workers comp lawyer. If you are unsure of what questions to ask then do some research online. Or speak with someone you know who went through the process of hiring an attorney.

Do You Offer Free Consultations

One of the most important questions to ask a workers compensation lawyer is whether he offers a free consultation. Many attorneys do this as a courtesy to a potential client but it’s better to ask and not assume.

How Many Years Have You Practiced

Another vital question to ask an attorney is how long he has practiced as a workers compensation lawyer. Again every case is different as are the laws for each state. Yet if your claim is complicated it’s better to hire a seasoned attorney.

What Fees Do I Pay

Everyone wants to know what they need to pay to receive service. For many people, the ability to secure legal representation hinges on whether they can afford it. Thankfully workers compensation lawyers usually use a contingency fee.

What is a Contingency Fee

A contingent fee arrangement is when “the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client,” according to the American Bar Association.

Do attorneys have to communicate with you?

Answer: Your attorney has a legal and ethical obligation to communicate with you and keep you informed about your case. That being said, attorneys are typically very busy, often juggling several cases at a time. Depending on your state, workers' comp cases can also move quite slowly.

Should a lawyer keep you informed?

However, your lawyer should be keeping you informed, even if it's just to say that your case is in a holding pattern. You might ask to speak with any legal assistants and paralegals working in your lawyer's office; they may be able to give you information about the status of your case.

Do you bring a copy of your workers comp?

Be sure to bring a copy of your workers' comp file to any meetings that you set up with other lawyers. As for a malpractice suit, it's probably not worth the time and effort unless your lawyer made a big mistake, like missing a filing deadline.

Can you lose money in a workers comp case?

In most cases, you won't lose money in your workers' comp case just because your lawyer didn't communicate with you about your case, so you wouldn't get anywhere with a malpractice lawsuit. You can, however, always file a complaint with the state bar, which is the state agency responsible for disciplining attorneys.

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.