what should i expect from my workers comp lawyer

What a Good Workers' Comp Lawyer Should Do for You

• Developing Medical, Vocational, and Other Evidence. Insufficient medical evidence is probably the most common reason workers' comp claims are denied. ...
• Negotiating and Structuring Settlement Agreements. ...
• Representing You in a Workers' Comp Hearing or Trial. ...
• Advising You on Third-Party Claims and Other Potential Benefits. ...

Full Answer

What can a lawyer do for a Workers Comp case?

Jan 26, 2018 · You should be hearing from your attorney on a regular basis through your preferred means of contact.Keep in mind that communication is a two way street, meaning you also be mindful of cultivating honest and frequent communication. Neglecting to answer your attorney’s questions, forgetting to respond to their emails, and procrastinating with paperwork can delay …

What should I expect at my workers'comp hearing?

Aug 25, 2014 · The following list below is what we term the Workers’ Compensation Client’s Bill of Rights: 1. You have the right to expect that your workers comp lawyer has actually read Title 42. If they don’t know what Title... 2. You have the right to expect that your lawyer has actually tried cases before the ...

What happens before my Workers'Comp case goes to court?

Your lawyer (if you have one) will take care of this but may also ask you to make a short statement. After you and the insurer have made your presentations, the mediator will meet separately with each side. During these meetings, the mediator may ask questions or point out the strengths and weaknesses of your case.

Why should I hire a workers'compensation attorney?

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.

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.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

What happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

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.

What happens if a worker's comp case doesn't work?

But if mediation doesn’t work for you, your case will continue to the next step, which is typically a hearing before a workers’ comp judge. (Learn more about the workers’ comp appeals process and how to prepare for a workers’ comp hearing .)

Why settle a workers comp claim?

There are several good reasons to settle your workers’ comp claim, including avoiding the risk, time, and stress of a hearing with a workers’ comp judge. There are different ways to work out a settlement with the insurer, including through informal negotiations by letter, email, or phone conversations. Often, however, you’ll attend ...

What is a mediator in workers comp?

In workers’ comp cases, the mediator is usually a workers’ comp judge, another official of the state workers’ compensation agency, or a lawyer with experience in this field.

How to prepare for a workers comp mediation?

How to Prepare for Worker's Comp Mediation. If there is a mediation scheduled in your case, there are a couple of things you can do to make the process go more smoothly. First, strongly consider consulting with a workers’ comp attorney if you haven’t already done so. You don’t have to have legal representation in mediation, ...

What happens after you and the insurer make your presentations?

After you and the insurer have made your presentations, the mediator will meet separately with each side. During these meetings, the mediator may ask questions or point out the strengths and weaknesses of your case. After one or more rounds of this, one side (probably you) will make an initial settlement offer.

Do you have to go through mediation for workers comp?

Most states require injured employees to go through mediation or some other form of dispute resolution before the case can proceed to a workers’ comp hearing. Even where mediation isn’t mandatory, however, it can be a useful and efficient method for trying to reaching an agreement that’s acceptable to both sides.

What is a workers comp attorney?

When it's time to negotiate with your employer's insurance company to reach a settlement, a workers' comp attorney has the advantage of being able to estimate how much your case is worth—that is , the amount of benefits you should receive, based on a number of factors, including:

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.

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 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.

What does an attorney do at a court hearing?

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. If you're not satisfied by the result of your hearing, your attorney can help you appeal the decision.

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.

What happens before a workers comp hearing?

Before your case goes to a hearing with a workers' comp judge, there typically will be other proceedings and court dates. At a minimum, this usually includes mediation and a pretrial conference. During mediation, you and the insurance company (and your lawyer, if you have one) will try to negotiate a settlement with the help of a neutral third party. At a pretrial conference, you may exchange information with the insurance company's lawyers and the judge. You may also continue trying to negotiate a settlement. To learn more, read our article on what happens in workers' comp mediation and settlement conferences.

How long does a workers comp hearing last?

Although you don't have to wear a suit or business attire, your clothing should be neat, clean, and respectful. Most workers' comp hearings last a few hours, although complicated claims may take several days. If the hearing is long, the judge will give you breaks.

How long does it take to get a workers comp decision?

Typically, judges issue decisions within 30 to 90 days. If the judge rules against you, you can appeal that decision.

How to convince a judge that you are entitled to a certain amount of workers comp benefits?

At this hearing, you will need to convince a judge that you're entitled to a certain amount of workers' comp benefits, by making legal arguments and presenting evidence. You should seriously consider hiring an experienced workers' compensation lawyer to represent you at your hearing. A lawyer will make sure that you have ...

What documents do you give to the judge at a hearing?

At the beginning of the hearing, you and the insurance company will give the judge documents (or "exhibits") to review, including: medical records. unpaid medical bills. evidence of your lost wages (such as paystubs from just before your injury) personnel and other employment records.

What documents are needed for a medical malpractice case?

At the beginning of the hearing, you and the insurance company will give the judge documents (or "exhibits") to review, including: 1 medical records 2 unpaid medical bills 3 evidence of your lost wages (such as paystubs from just before your injury) 4 personnel and other employment records 5 depositions and reports by expert witnesses (such as a report from your treating doctor), and 6 documents showing your job search if that's relevant to your case.

How long does it take for a judge to make a decision on workers comp?

You and the insurance company may also have the opportunity to submit a written brief with arguments to support your side of the case. After reviewing all of this information, the judge will write a decision that will be mailed to you, your workers' comp lawyer, and the insurance company. Typically, judges issue decisions within 30 to 90 days.

How to prepare for a workers comp deposition?

Before your deposition, you should review your medical records, accident reports, journal notes, and other relevant records. While you don’t need to have every detail memorized, you should be familiar with the basic timeline of events in your workers' comp case and be prepared to answer typical ...

How to answer insurance questions?

Of course, you should always tell the truth. The insurance company's lawyer will likely try to catch you in any inconsistencies that could make you seem not credible or untrustworthy. This will be harder to do if you stick to the facts and resist the temptation to embellish or exaggerate. Some other tips for answering the questions: 1 Take your time. Wait until the lawyer has finished the question, and give your own attorney time to object if the question isn't appropriate. 2 Keep it simple and answer the specific question. Don't get into long-winded answers, volunteer information, or guess. If you don't understand the question or don't know the answer, say so. 3 Making eye contact with the questioner helps you seem more credible. If you're participating over video conference, be sure to look directly into your device's camera. 4 Stay calm and polite. If you find yourself getting upset, you can ask for a break to regroup.

What is a deposition in workers comp?

A deposition is a legal procedure for asking you questions and having you answer under oath. Although it's not a trial, the written record of your answers will be considered as evidence if your workers' comp case goes to a hearing.

What to do if you are called to a deposition?

If you've been called to a deposition, you should consider hiring a workers' comp lawyer. An experienced attorney will know the rules and can help you prepare for the deposition, tell you which questions you don't have to answer, and ask follow-up questions designed to clear up any potential misunderstandings that could hurt your case. ...

How to be credible in a video conference?

Making eye contact with the questioner helps you seem more credible. If you're participating over video conference, be sure to look directly into your device's camera . Stay calm and polite. If you find yourself getting upset, you can ask for a break to regroup.

Can insurance companies take depositions?

In most cases, the insurance company can only take your deposition once. However, if you make a new claim (for example, that you also suffered psychological injuries), the insurance company may get a second opportunity to question you.