what does a workers compensation lawyer do

Typical job functions of a workers' compensation lawyer include:

• Gathering medical evidence and medical records
• Taking depositions of the claimant, physicians, medical experts, and other parties
• Conducting discovery
• Performing legal research
• Remaining current with developments in the law
• Drafting pleadings, findings of fact, motions, briefs, opinions, and other legal documents
• Litigating cases before a judge or referee

Full Answer

When should employers hire a workers' comp lawyer?

Oct 07, 2019 · A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages. Available Benefits Workers' compensation laws permit workers who are hurt on the job to receive a number of benefits, depending on the injury.

Should I hire a workers' comp attorney?

Mar 12, 2022 · What Does a Workers’ Comp Attorney Do? First and foremost, a workers’ comp attorney is your voice. They’re there to advocate for your rights and make sure you’re not taken advantage of. To do this, they’ll start with gathering all the relevant evidence for your case.

How to find a good workers' compensation lawyer?

Mar 10, 2022 · 1. What a Workers’ Compensation Attorney Does. Author: www.dolmanlaw.com. Date Submitted: 05/20/2021 06:01 PM. Average star voting: 3 ( 56107 reviews) Summary: A workers’ compensation attorney can help you file a comprehensive claim and/or appeal the denial of your claim. Learn more here.

Are workers' comp lawyer fees worth it?

Hiring a dedicated workers' compensation attorney will give you a much better chance of obtaining the benefits you deserve. An attorney will communicate with the workers' comp insurer on your behalf, gather medical evidence that supports your claim, try to negotiate a good settlement , and represent you at your workers' comp hearing .

What can a workers comp attorney do?

Fortunately, there are several things a workers' comp attorney can do to tilt the scales in your favor . Hiring a dedicated workers' compensation attorney will give you a much better chance of obtaining the benefits you deserve. An attorney will communicate with the workers' comp insurer on your behalf, gather medical evidence ...

How much do workers comp lawyers charge?

Many states strictly limit the amount workers' comp lawyers can charge, with fees often capped at 10 to 20 percent of your benefits.

What happens if you don't settle your workers comp claim?

If you're unable to reach a settlement, your case proceeds to an administrative hearing or trial before a workers' comp judge. During the " discovery " (or investigation) process, your attorney may take depositions of witnesses, request your medical records, perform legal research, write your " pleadings " (petitions, motions, and responses to the insurance company), and make sure that everything is submitted on time. At the hearing, your lawyer will present a "theory of the case" (why you should get benefits) to the judge, make opening and closing arguments, examine witnesses, and raise objections when the insurance company does something improper.

What can a lawyer do for you?

A lawyer can also advise you about your potential eligibility for other benefits, including vocational rehabilitation assistance, wage reimbursement, long-term disability insurance benefits , state short-term disability , and Social Security disability.

Why is my workers comp denied?

Insufficient medical evidence is probably the most common reason workers' comp claims are denied. Even if your claim is approved, you're more likely to receive all of the medical treatment you need—and all of the other benefits you deserve—if you have strong medical evidence that supports your case.

What does a discovery attorney do?

During the " discovery " (or investigation) process, your attorney may take depositions of witnesses, request your medical records, perform legal research, write your " pleadings " (petitions, motions, and responses to the insurance company), and make sure that everything is submitted on time.

Can employers deny workers comp claims?

Unfortunately, employers or their insurance companies routinely deny workers' comp claims, even when they're legitimate—which leaves injured employees to face a complex system of appeal s. At that point, many applicants simply give up, while others try their best to navigate the system on their own.