what question should you ask a comp lawyer

by Dejon Kihn DDS 5 min read

10 Essential Questions to Ask Your Workers’ Comp Lawyer

  1. Do I need a workers’ comp lawyer? If you only missed a few days of work and your injury has completely healed, you...
  2. Does it matter that the accident was my fault? Unless you started a fight or engaged in other extreme behavior (such...
  3. What benefits can I receive from workers’ compensation? At a minimum,...

If you were injured in a workplace injury, ask if they specialize in your particular injury type. Ask if they operate on a contingency basis or some other fee structure. Ask your attorney about the timeline, benefits, and amount of compensation you stand to receive after filing your worker's comp claim.Feb 24, 2021

Full Answer

When should employers hire a workers' comp lawyer?

  • 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.
  • You missed little or no work due to your injury.

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Should you hire workers comp lawyer?

The experienced workers’ compensation lawyers at Davis Law Group will help guide you through the workers’ comp claim ... Another example when someone should hire a workers’ compensation lawyer is when they suffer severe injuries.

Why do I need workers comp lawyer?

  • Your employer or their insurer downplays the severity of your harm, damage, or injury
  • Your employer tries to force you to return to work before you are ready and fully able
  • The insurance company offers a lowball settlement offer
  • The insurance company refuses to settle at all
  • You can no longer work
  • A third party is involved
  • Your disability is disputed

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What are good questions to ask a lawyer?

As a buyer you must therefore ask the right questions. Still, if you as a seller withhold ... the condition precedent is the most drastic legal technique to secure a good share deal and avoid trouble. It means that you agree in advance that the transaction ...

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How to be honest with a doctor about workers compensation?

Be truthful but careful with any company-appointed doctors. Answer the questions honestly and briefly. Avoid small talk. You can be much more open with your regular physician. They should know everything about your workers’ compensation claim.

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.

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 much does Pennsylvania pay for workers compensation?

The most anyone can receive from workers’ compensation in wage loss benefits will be $1,049 per week during 2019. Depending upon the severity of your injury, you may also be eligible for partial permanent disability benefits, which can last up to 500 weeks, or total permanent disability benefits, which can last a lifetime. If your injury resulted in the permanent loss of the use of a body part, you might also be eligible to receive a Special Loss benefit.

Do you want to know where the attorney you're speaking with concentrates their energies?

You want to know where the attorney you’re speaking with concentrates their energies. If a lawyer works in a lot of different areas, this is probably not the best choice for you , particularly if you’re nervous about your workers’ compensation claim.

Why is it important to hire a lawyer for workers comp?

Because workers’ compensation is a specialized area of law, it’s crucial to hire a lawyer who has extensive experiencerepresenting injured workers. 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.

How long does it take to settle a workers comp claim?

Unfortunately, there are no one-size-fits-all answers to these questions. Some cases take months to settle, while others take years. Your workers’ comp attorney will be able to give you some idea of what to expect as you move forward together.

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.

Who is liable for an accident?

If someone besides your employer caused the accident or situation that resulted in your injury , they may be liable for their actions. An experienced lawyer can tell you whether you’re eligible to file claims against a third party for additional compensatory damages.

Can you get workers compensation if you have an illness?

If you do get a work-related injury or illness, you may be eligible to receive a workers’ compensation settlement. So how do you get the most out of your workers’ compensation settlement?

Do workers compensation lawyers get paid?

Always ask about attorney’s fees. Most workers’ compensation lawyers work on contingency – meaning they don’t get paid unless you get paid. Find out upfront what percentage of your settlement they’ll collect when you win.

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 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.

How much do workers comp lawyers charge?

Almost all states require contingency fees for workers' compensation cases. Most states also place a cap on the percentage, which is usually between 10% and 20%. More experienced workers' compensation lawyers may charge a higher percentage than less experienced lawyers, so that is something to keep in mind.

Why is it important to have an attorney?

An attorney can be crucial in cases involving serious or permanent injuries to make sure that you get the full amount of benefits that you are entitled to.

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 a lawyer give you legal advice on a workers compensation claim?

Keep in mind that the lawyer you meet with will not be able to give you legal advice until you have formed an attorney-client relationship.

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 to do after being injured on the job?

One of the most important steps that an employee can take after he or she has been injured on the job is to contact an experienced workers’ compensation attorney. The first meeting with an attorney provides an injured worker with a good idea of the strengths and weaknesses of his or her workers’ compensation claim as well as ...

How long do you have to report an injury to your employer?

An injured employee will always need to report an injury to his or her employer within 30 days of the workplace accident to be eligible to collect benefits. The amount of benefits that you are eligible to receive will depend on your average wage.

Free Case Evaluation

Please answer a few questions to help us match you with attorneys in your area.

Background & Experience

A comfortable way to get the conversation flowing is to ask questions about the workers' compensation attorney's background. Some relevant questions include:

Case Management

When workers' compensation attorneys use the term case management, they are referring to how they manage your case. You should ask about this as well because you want to prevent any misunderstandings. Ask questions such as:

Legal Fees

Most workers' comp lawyers work on contingency. This means they take a percentage of the proceeds you are able to collect from your claim. In some states, this percentage is set by state law. To understand the legal fees better, consider asking:

Selecting a Workers' Comp Lawyer

Once you have finished your last interview, it's time to select a workers' compensation attorney. That means it's time to ask yourself a few questions, such as:

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

Get Prepared For The Consultation

Before your initial consultation, you should be prepared to bring your medical bills and any reports that are relevant to the injuries you sustained on the job. You should also bring any photos that you have. In addition, create a list of any questions you will want to ask the lawyer.

Questions about their experience and practice

This question will help you get a feel for how much experience the lawyer has. You can even ask them how many workers compensation settlement s they’ve handled. You want a lawyer with enough experience to be familiar and knowledge with the workers comp claims process and workers compensation laws in South Carolina.

Questions about your benefits and claim

This might seem like an obvious question to ask. But it’s also incredibly important before you continue your search for the right lawyer. If you do indeed have a valid workers comp claim, you’re working against the clock. There’s a tight deadline that applies to your workers compensation settlements.

General questions to ask about your Workers Compensation Settlements

After meeting with the lawyer for your initial consultation, this question should have a pretty straightforward answer. Typically lawyers represent you on a “contingency fee basis”. This means you don’t owe them anything until you receive payment, negotiate a settlement, or win at trial.

Accidents happen

Employees never imagine going into work and suffering a work-related injury. But we all know that accidents happen all the time. When it comes to work injuries, you should know what you need to do. After getting treated medically, need to find a lawyer to best represent you.

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