May 22, 2017 · It pays to get advice for work-related injuries from a Santa Rosa workers’ compensation attorney. If you sustained a work-related injury in or near Sonoma County, California, you may need legal advice. Whether you have hired a Santa Rosa workers’ compensation attorney or are thinking about interviewing a lawyer, you may need answers to ...
How does the attorney keep current with the workers compensation laws in the state, and how well versed are they with the system? Any reputable attorney knows the law is never static. Thus, knowing how the attorney you are considering for your case stays up to date with the workers’ compensation laws in your state is vital.
Jul 16, 2019 · 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.
Jun 12, 2015 · 10 Questions to Ask a Workers’ Compensation Attorney. Here’s 10 questions that we recommend that you ask your prospective Workers’ Compensation attorney before signing an agreement with them. 1. Are you a Board Certified workers’ compensation specialist? What states are your board licensed in? You want to make sure that you get an attorney who has a …
A workers compensation lawyer specializes in cases for people with a workers compensation claim. Workers compensation laws protect people injured or disabled while working.
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.
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.
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.
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.
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.
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.
This is one of the most important questions to ask a workers’ comp lawyer and it goes without saying. Workers’ comp is insurance that almost all employers are required to purchase. It is a safety net for people hurt on-the-job. Notice of injury must occur within 90 days. A claim must occur within 2 years. Both notice and claim can be oral so simply telling a manager or supervisor should be enough. If an employer refuses to start a claim, send Form WC-117 to the Agency.
Here is a common question to ask a workers’ comp lawyer. Michigan law sets a maximum fee at 15% of the first $25,000.00 and 10% on the remainder of any settlement. Disabled employees currently receiving workers’ comp benefits pay as little as 10%. A compromised voluntary payment or successful award at trial can result in a fee up to 30%. There should be no fee unless workers’ comp benefits are successfully obtained.
However, it is possible that an employee would be protected under a union contract or federal law. An employee cannot be fired in retaliation for asserting his or her legal rights.
Employees who are disabled are entitled to receive weekly wage loss checks. The amount paid should equal 80% of their after-tax average weekly wage. A good rule of thumb is 60% of gross wages. Watch out for unfair reductions based upon “wage earning capacity.”
Getting hurt on-the-job is very stressful. Workers’ comp benefits can be disputed at any time. We believe knowledge is power, and injured workers should understand their legal rights. Here are our top 10 questions to ask a workers’ comp lawyer.
Attorneys often have an extensive legal team to help them manage their caseload, perform research, and gather the necessary information. In many cases, the attorney you meet with will handle the case.
Filing a workers’ comp claim can feel scary, but it’s in your best interest to do it. Your employer cannot legally fire you or retaliate against you for filing a claim.
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.
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.
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.
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.
The maximum attorneys’ fee they can charge is 20 percent of your weekly benefits for a specific period of time. It is possible for you to negotiate a smaller fee if your workers’ compensation claim is relatively straightforward or involves a minor injury. If your claim is denied, you will not owe any attorneys’ fees.
While this means that you can apply for workers’ compensation even if the work-related injury was your fault, you cannot sue your employer if your accident was their fault.
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.