what to ask a workers comp attorney before you hire one

Ask these critical questions of any workers’ compensation attorney you are considering hiring. 1. How long have you been practicing law? This is to help you gauge how comfortable you are working with an attorney who may be relatively inexperienced. You may feel more comfortable if you are working with a long-established lawyer.

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What questions should I ask before hiring a workers comp attorney?

Jul 15, 2019 · Before you hire an attorney, however, consider noting the following questions as ones that you’ll want to discuss: Is a Workers’ Comp Attorney Needed for My Situation? The first question to ask a workers’ comp attorney is if your case warrants their assistance.

Should I hire a workers comp lawyer?

Dec 24, 2018 · What you need is a workers’ compensation lawyer. The job of a workers’ compensation lawyer is to help you make decisions, prepare your case, assist with gathering all your documentation and guide you through the landscape of filing a workers’ compensation claim. But before you hire this kind of attorney, you should ask many questions to help you …

When should I contact a workers’ comp attorney?

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, …

How to get an expert opinion on a workers comp claim?

Feb 10, 2015 · It is important that the attorney you choose is right for the problem that needs addressed. If you find yourself in need of a good workers’ compensation attorney, here are four questions that you need to ask your attorney before retaining them. 1. How much experience have you had handling workers’ compensation?

1. What kind of experience do you have representing injured workers?

Obtaining full compensation for your injuries is obviously important to you. That’s why you need to choose an attorney who has real, in-depth experience in California’s workers’ compensation law. It’s that experience that will enable your attorney to get every penny available to you under the law.

2. Will you be available to answer any questions I have about my workers' compensation case?

While your workers’ compensation claim is pending, you’re going to have questions and you’re going to have concerns. When you have question or concerns about your claim, you deserve to have them answered promptly and completely. After all, your attorney works for you.

3. How will you handle my workers' compensation claim?

You’re not a lawyer. That’s why you’re in the market to hire one in regard to your workers’ compensation claim. Yet, even though you’re not a lawyer, you still have a right to know how the lawyer you do hire plans to handle your claim. It’s your right to know what the game plan is for your claim.

4. How much will it cost if I hire you to be my workers' compensation lawyer?

Cost is an important issue when it comes to hiring any professional for a job. Hiring an attorney is no exception. In many cases, people worry that they cannot afford to hire an attorney. In some cases, this fear prevents people from moving forward and getting the representation they need.

What are the benefits of workers compensation in California?

In California, workers’ compensation provides five basic benefits: medical care, temporary disability, permanent disability, supplemental job displacement, and death benefits. After reviewing the details of your case, your attorney will be able to tell you exactly which benefits you’re entitled to.

Do you have to settle a workers comp case before trial?

However, if your claim is denied or your employer refuses to provide the benefits to which you’re entitled, it’s more likely that you’ll have a hearing.

What is the job of a workers compensation lawyer?

The job of a workers’ compensation lawyer is to help you make decisions, prepare your case, assist with gathering all your documentation and guide you through the landscape of filing a workers’ compensation claim. But before you hire this kind of attorney, you should ask many questions to help you select the right one.

How much do workers compensation lawyers charge in Pennsylvania?

In Pennsylvania, all workers’ compensation lawyers work on a contingency fee basis. The maximum attorneys’ fee they can charge is 20 percent of your weekly benefits for a specific period of time.

What is Frommer D'Amico?

All the attorneys at Frommer D’Amico specialize in workers’ compensation issues. We do our best to provide individual attention to each one of our clients, take their calls, answer their questions in a timely fashion, help with unpaid medical bills or late benefit checks and handle any major litigation that results from a workers’ compensation claim.

How long does a workers comp claim last?

And depending upon the severity of your injury, those benefits could last anywhere from a few weeks to a lifetime. But you might not know how to file a workers’ comp claim, deal with an insurance company claim adjuster or mandatory doctors’ visits or how to gather all the information you need to make a claim.

What to do before returning to work?

Before you return to work, you and your attorney should work with your employer on a plan that will allow you to work within the restrictions. You should give a copy of the restrictions to both your employer and the company’s workers’ compensation representative.

How long can you see a doctor after a work injury?

Everything. Especially if it’s your personal doctor. From the moment you suffer a work-related injury and seek immediate medical treatment, you should let all medical providers who treat you know that you were injured on the job. In Pennsylvania, the employer’s insurance company can limit payment to a specific list of physicians of their choosing during the first 90 days of your recovery, but only if your Employer provided you with a written list of physicians after the injury. After 90 days, you can see whatever physician you like as long as you give the insurance company five days’ notice that you’re changing your physician. If you need surgery, however, you can see any doctor you choose at any time for a consultation. But if you choose to have surgery, the Insurance company can try to compel you to have surgery with their doctor if the surgery is within the first 90 days of treatment AND the Employer provided you with a written list of approved physicians after the injury. If you were not provided with a written list of approved physicians, you may be able to treat with any doctor of your own choosing at any time.

What happens if you work outside your restrictions?

If you work outside your restrictions or do something extra, the employer’s workers’ compensation insurance company may use it as a reason to argue that you’re in better health than your doctor has stated and will try to end your workers’ compensation benefits. 4.

Why is patience important in workers compensation?

Patience is important, because you do not want to settle a claim until you know all the facts that you will need to maximize your settlement. A workers’ compensation attorney in Santa Rosa can help you decide when the time is right to settle. 9.

Can you say something to a claims administrator?

You need to be careful that you do not say something to the claims administrator that might be misinterpreted in a way that would hurt your case. Getting legal advice before discussing your injury with the claims administrator can help you avoid problems when the time comes to settle your claim.

Is it a fault in workers compensation?

Unless you started a fight or engaged in other extreme behavior (such as being intoxicated at work), fault is generally not an issue in workers’ compensation claims. Whether your employer, you, or someone else was negligent and caused your work injury, you are still entitled to workers’ compensation benefits. 3.

Can you sue the other driver for a traffic accident?

For instance, if you were in a traffic accident while making a delivery for your employer and the accident was the other driver’s fault, you may be entitled to sue the other driver. Your Santa Rosa workers’ compensation attorney can help you decide whether you should pursue a personal injury lawsuit in addition to a workers’ compensation claim.

Can you sue your employer for work injury?

Workers’ compensation is usually the exclusive remedy for a work injury. That means generally, you cannot sue your employer in court, even if the injury was your employer’s fault. In some cases, however, you may be able to sue a third party in addition to pursuing a workers’ compensation claim.

Can a claims administrator deny a claim?

Even in relatively simple cases, however, a claims administrator may deny that the injury was work-related or deny the claim for some other reason. Any time a claim is denied or the insurance company does not offer to pay medical expenses and temporary disability benefits for days of missed work, it is wise to seek advice from a Santa Rosa workers’ ...

Can a workers comp lawyer advise you on a hearing?

After some time spent negotiating with the claims administrator, your workers’ comp lawyer will be in a better position to advise you whether or not your claim will proceed to a hearing. Most of the time, however, it is possible to work out a fair settlement that avoids the stress and expense of a contested hearing. 8.

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 happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

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 happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

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.