what kind of information does workers compensation lawyer need from you

When you meet with a workers’ compensation lawyer, it is important to provide your attorney with background information so they can get started on your claim. A workers’ compensation lawyer will want to know important information related to your job, the cause of your accident, and your injuries and treatment.

Full Answer

What skills do you need to be a workers comp attorney?

In addition to these essential legal skills, the skills, and knowledge required to excel as a workers' compensation attorney include: Litigation experience and strong trial experience. Working knowledge of workers' compensation laws and procedures. Excellent oral and written communication skills. Strong research and analytical skills.

Do I need a lawyer for a workers’ comp claim?

Not all workers’ comp claims will require assistance from a lawyer. If the injury was clearly work-related, you don’t require extensive medical treatment or time off of work, your employer is honest and trustworthy, and you don’t have any permanent injuries, then you may not need a lawyer. In most other circumstances, you probably do.

What are the duties of a workers comp lawyer?

Claimant Duties. Workers' compensation lawyers on the claimant side assist injured workers with filing and litigating claims. They must have a working comprehension of the claims filing process as well as compassion for the injured party's plight. A workers' compensation attorney representing the claimant will typically:

How to interview a workers’ comp attorney?

When interviewing potential workers’ comp attorneys, ask how many years they’ve been in the business, how many clients they’ve taken on, and what their rate of success is in winning workers’ comp settlements. 4. What does it cost to hire a workers’ comp attorney? Always ask about attorney’s fees.

What is required to prove for an injured party to receive workers compensation?

In order to receive the compensation they deserve, an injured person must prove that another party was at fault. However, workers' compensation cases are different — injured employees do not have to prove that their employer was at fault to receive damages for their medical bills and other expenses.

What are the most common claims for worker compensation?

Here are the six most common worker's compensation injuries:Overexertion: ... Slip, Trip, And Falls: ... Repetitive Strain Injury: ... Struck By Or Against An Object: ... Highway Accident Injuries: ... Machinery Accident Injuries:

What happens at a workers comp hearing in California?

What to Expect at the Hearing. Both parties will be able to present evidence, including witness testimony and any other admissible information, to support or refute their claims for benefits. In a workers' compensation court in California, both sides can offer expert witness testimony.

What qualifies as an injury on duty?

DEFINITION OF INJURY ON DUTY /OCCUPATIONAL DISEASE (IOD /OD) An unexpected occurrence, at a specific date, time and place and arising out of and in the course of the employee's employment, resulting in personal injury or death, or when an occupational disease is contracted due to exposure at the workplace. 1.

What are the 4 most common workplace injuries?

Top 5 most common workplace injuries and how to avoid them.Trips, Slips And Falls. ... Being Struck By Or Caught In Moving Machinery. ... Vehicle Related Accidents. ... Fire And Explosions. ... Repetitive Stress and Overexertion Injuries.

How long does a workers Comp Lawsuit take in California?

The average workers' compensation case will be resolved within about 16 months. A resolution may result in a settlement agreement or a hearing with a judge. Under 20% of cases will be resolved within the first six months.

How long does a workers comp case take in California?

If a workers' comp case goes to trial, the final result could take months, particularly if an appeal is filed. A workers' comp trial takes place in a hearing room with no jury. Sometimes, a trial takes more than one day.

How long does workers comp investigation take California?

90-120 daysHowever, in a normal case with few issues, you might expect a decision within 90-120 days.

What can a worker's compensation attorney do?

A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages.

What is the ultimate goal of a workers comp lawyer?

The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability.

What are the laws that cover federal employees?

Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen, and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, ...

What does an attorney do for a company?

On the defense side, attorneys help insurance companies or self-insured employers mitigate their exposure and defend against workers' comp claims. They must understand the claims-handling guidelines for each business unit they work with and be able to budget costs and calculate exposure.

Why do workers comp claims fail?

Litigating cases before a judge or referee. A lack of concrete and comprehensive medical evidence is one of the primary reasons workers' comp claims fail, and it's a critical responsibility of an attorney to prevent this.

What are some examples of workers compensation?

Updated October 07, 2019. Accidents can be pretty common at work—a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome as a result of years of typing are all common examples. A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, ...

Where do workers comp attorneys work?

Workers' comp attorneys work in an office environment, often employed in a law firm or in a corporate legal department. Frequent travel to hearings, arbitrations, depositions, and job sites can be required.

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 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 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.

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.

What happens if you don't settle a workers compensation case?

When you fail to reach a settlement agreement, then it means your case needs to go to an administrative hearing or even trial that is presided by a workers’ compensation judge. During the investigation process, your lawyer can take depositions of witnesses, do legal research, ask for medical records, write your pleadings like motions and petitions, and ensure that all the documents are submitted timely.

Why do you need an attorney to negotiate with your employer?

This is because they can know the worth of your case, meaning they may know the amount of benefits you deserve to receive based on several factors.

Why are workers compensation claims denied?

Lack of enough medical evidence is perhaps one of the reasons many workers’ compensation claims are denied. If the claim is approved, it means there are good chances that there are good chances of receiving all the medical treatment you deserve as well as all the other benefits. But you need to have good medical evidence to support your claim.

Can you get workers compensation if you are injured?

If you are an employee who sustains injuries at your workplace or suffers an illness, you can receive workers’ compensation benefits. Unfortunately, insurance companies or their employers usually deny workers’ compensation claims regardless of whether or not they are legitimate. As a result, this leaves an injured employee facing an overwhelming system of appeals. At this point, most applicants just give up and others attempt to deal with the system themselves.

Can you file a claim if you are injured on the job?

There is a good chance that the HR team will make sure that your medical needs are attended to immediately. The HR team can guide you on the claim process, indicating where you can receive medical care and how your lost wages can be supplements when you are out of work.

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.

Can You Afford a Workers' Comp Lawyer?

Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you).

When Your Workers' Comp Claim Has Been Denied

You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision.

When You Have a Serious Work-Related Injury or Illness

You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.

If You Have Preexisting Conditions

If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.

When You're Not Able to Return to Work After an Injury

If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury.

Contact an Attorney

If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.