The lawyer you hire for your workers’ compensation case can make a big difference in getting you the benefits you deserve. Once you’ve gone through the process of finding and researching workers’ comp attorneys, the next step will be to set up meetings with the lawyers you’re considering.
Full Answer
When You Should Get a Lawyer for Workers Compensation As soon as you decide to contest the settlement decision. At that point, workers compensation can quickly turn into a legal jungle of paperwork, deadlines, depositions and evidence gathering. It’s easy to get lost if you don’t know what you’re doing. What an Attorney Will Do for You
A good workers' comp attorney is a zealous advocate, not a passive observer. You are well within your rights to inquire (in a non-confrontational manner) precisely what steps your lawyer has taken to advocate on your behalf. Has she written a letter to your employer or the workers' comp insurer?
Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states. (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)
You are having a workers' comp hearing. If the insurance company refuses to settle—or only makes lowball settlement offers—you'll need to go prove your case at a hearing. Because this is like a mini-trial, you will almost certainly need a lawyer to represent you.
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...
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...
The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostl...
You should be ready with a brief summary of what has happened in your case so far. Lawyers like to go through events chronologically, so it will help to create a short timeline of the events, including:
You should also collect documents and other relevant information to bring to your meeting, including:
Initial consultations are also an opportunity for you to evaluate whether you want to hire a lawyer. You’ll want to get a feel for whether attorneys you're meeting have the time and experience to handle your case, and whether they’re the best fit for you.
The first step in the settlement process with an injured worker begins after the doctor treating the case declares the patient to be “as healthy as he is going to get.” That is referred to as Maximum Medical Improvement – designated as MMI – and understanding it is vital to everyone involved in workers compensation.
The 1% of cases that end up in front of a workers compensation judge get there for one of two reasons: The insurance company has denied the worker’s claim for benefits. There are difficult legal issues involved that fall into gray area’s of the law and the two sides want a judge to decide.
It can end in a matter of days (unusual) or a matter of months (usual). The timing difference in the two is usually the presence of a lawyer. People on all sides of workers compensation hearings agree that having a lawyer involved is a good thing.
The reason for workers compensation mediation is the two sides can’t agree on a settlement, so they bring another adult in the room and hope everybody is ready to get this matter resolved. The mediator’s job is to act on behalf of both sides and push the process toward a settlement.
Hearing Questions. The questions in a workers compensation trial usually are meant to challenge the authority of expert witnesses provided by one side or the other. If a worker is called upon, it usually is to substantiate his claims or challenge them, depending on which side is asking the question.
In fact, as soon as an employee hires a lawyer, negotiations on a settlement can begin. That can be a day after the injury, a week, a month … it’s up to you and your lawyer when you want to start negotiating a settlement.
He may have to learn to swing a hammer with his other hand or learn to use tools without a thumb, but he can still do his job. Doctors will examine him and, using the same 0%-100% scale used in disability ratings, give him a percentage rating on how this impairs or impacts his ability to do the job.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
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.
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.
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.
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.
However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.
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.
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.
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.
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.
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.
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.
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.
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: You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches. Your employer admits that the injury happened at work.
Just as your workmans comp attorney is sure to have a long list of questions for you, you are likely to have some of your own. Before your first meeting, spend a little time thinking about your main concerns.
To ensure you receive the workers compensation benefits that you’re entitled to, start by selecting a lawyer with the right experience for the job. Contact the Law Office of Jon Marlowe to schedule a consultation at (925) 302-9176. You can also review testimonials by clicking here.
Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states.
For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)
You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Your permanent disability rating is disputed.
Many workers will need to—or can benefit greatly from—hiring a workers' compensation lawyer. In very few cases, an employee who suffers an injury at work can make a claim outside of workers' compensation, and a personal injury lawyer would be appropriate.
You're likely to get a much higher settlement offer when a lawyer is involved. Lawyers understand the law, know how to negotiate, and can use various tools to build up your case. Because of this, you will probably receive more in benefits if you hire a lawyer, even after the lawyer takes his or her fee.
Not every injured worker will need to hire an attorney. After all, the workers' compensation system is an administrative process designed to be relatively easy for workers to navigate. If you have a straightforward claim that is not being disputed by your employer or its insurance company, you can probably handle your own claim.
If you suffer a relatively minor injury at work that completely heals with treatment, you probably won't need to hire a lawyer. Insurance companies are unlikely to dispute claims that: involve injuries that are clearly work-related. don't require extensive medical treatment.
A good workers' comp attorney is a zealous advocate, not a passive observer. You are well within your rights to inquire (in a non-confrontational manner) precisely what steps your lawyer has taken to advocate on your behalf. Has she written a letter to your employer or the workers' comp insurer?
State law governs attorneys' fees in workers' compensation cases, and many states set a cap on the percentage and/or total amount they can charge—usually from 10% to 20% of the benefits. When more than one attorney has worked on your case, the lawyers split that fee according to how much work each has performed.
If your attorney isn't keeping you updated on the status of your case, you may have cause for concern. Keep in mind, however, that legal assistants and paralegals can be valuable sources of information about the workers' comp process in general and your case in particular.
Nothing happens quickly in a workers' compensation case. A simple request for medical records can easily take four to six weeks, and it could take many more months for you to be scheduled for an independent medical examination. The huge backlog of cases in most workers' comp courts can lead to further delays. In the vast majority of cases, blaming your attorney for these delays is like blaming the waiter because your steak isn't cooked properly. The fault usually lies with the chef, not the server. In most circumstances, hiring a new attorney won't speed up your case. In fact, there's a better chance that switching lawyers will postpone matters even further, especially if your workers' comp hearing is approaching.
If your lawyer is unavailable when you call, request that a phone conference or in-office meeting be scheduled. Make it clear at your next meeting that you expect better communication. Your attorney should listen to your concerns and take steps to improve communication in the future.
If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you.
Attorneys who don't specialize in workers' comp tend not to understand the nuances of this complex field of law. If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you. Ask for references from former clients or other attorneys if you have any doubt.
Research reporting requirements. In most cases, workers' compensation work through a system where employers purchase workers' comp insurance, then help employees file claims to report their injury or illness within the required reporting period.
Workers' compensation, also known as "workers' comp," is a statewide insurance program for employees who experience work-related injuries or illnesses. While the requirements for workers' comp programs vary between each state, all workers comp programs share the same goal of providing support to people whose job has impacted their health.
Workers' comp also holds employers accountable for the safety of their employees and can encourage a safer work environment with procedures for avoiding common workplace injuries. Workers' comp promotes prompt reporting when an employee gets sick or injured, encouraging people to get medical attention immediately instead of waiting.
Once an employee seeks out treatment, they can contact their employer to begin the claims process. Your employer will provide you with all of the forms and information you need to file a claim, and they are also responsible for keeping all employees informed about the claims process.
Some states require people to inform their employers within as little as three days, while others offer up to a year for occupational illnesses and injuries. Research your state's reporting requirements early on so that you have a good understanding of an appropriate timeline to file a claim if you ever get hurt. 2.
February 22, 2021. Although the specific benefits and rules of workers' comp programs vary based on location and industry, workers' compensation has the same process for most jobs. Workers' compensation is an important part of your benefits when working in certain industries. Learning about the basics of how workers' comp works can help you take ...
Most policies allow for compensation regardless of who was at fault, whether the employee accidentally injured themselves, another employee caused the injury or workplace practices resulted in illness. People can receive workers' compensation for chronic injuries and illnesses as well as those which happen suddenly.
If you find yourself needing a workmans comp attorney to defend you against an employee’s claim, ask for recommendations. As a business owner, you likely have made connections with other industry leaders. Many of those professionals have been in similar circumstances and may have advice on workers’ compensation lawyers.
Additionally, search for a workmans comp attorney online if you cannot get any decent recommendations. There are numerous websites and databases dedicated solely to connecting clients with legal counsel. However, do your due diligence and get more information on a lawyer before deciding to use their services.
You want to find a workmans comp attorney who has represented clients similar to you as well. Regardless of their qualifications, you need a lawyer who has experience trying cases in your particular industry. This is because your lawyer needs to be familiar with industry terminology and practices.
While experience trying similar cases is important, you also want to select a workmans comp attorney with a good track record. Just because they tried similar cases, that does not mean they won them. Find a lawyer who has proven they have what it takes to win a suit.
Finally, when you are looking to hire a workers comp attorney to defend you, choose a lawyer you feel confident in. While their resume may be outstanding, you do not want to hire a lawyer who you do not trust. Find an attorney who inspires confidence and respects your concerns. For them, this case is just another day on the job.