what to ask my workmans comp lawyer

^{9 Workers’ Comp Questions You Need to Ask Your Attorney}

1. Do I Really Need a Lawyer? One of the first things you’ll want to ask a workers’ comp lawyer is whether you really need to hire a lawyer. ...
2. What Is Your Success Rate? Ask any potential attorney what their success rate is. How often are denied claims overturned? ...
3. How Often Do You Take Cases to a Hearing? If you can’t agree on a settlement amount with your employer’s insurance company, you may want to take the case ...
4. Does It Matter If It Was My Fault? Generally, even if the workplace accident was your fault, you are still entitled to benefits. ...
What Is Your Fee? Most workers’ comp attorneys work on a contingency basis, which means they get paid only when you do. ...
Can I File a Lawsuit? Typically, workers’ comp is your only option to get compensation for work-related injuries. ...
What Kind of Benefits Can I Get? If your workers’ comp claim is successful, your medical bills related to your injury should be covered. ...
What If My Employer Offers Other Work? Some employers offer “light duty” to employees if their doctor will approve it. ...
Should I Speak to the Claims Administrator?

Full Answer

When should employers hire a workers' comp lawyer?

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.

Should you hire workers comp lawyer?

Dec 24, 2018 · This is to help you gauge how comfortable you are working with an attorney who may be relatively inexperienced. You may feel more comfortable if you are working with a long-established lawyer. Then again, you may find a younger lawyer’s aggressiveness and eagerness to do a good job more to your taste. 2.

Why do I need workers comp lawyer?

Aug 30, 2021 · What Questions Should I Ask My Workers’ Comp Lawyer? 1. How much will my lawyer charge as a fee? 2. What if I lose my case — will I owe any money? 3. If I win my case, how much money will I get? 4. Can I get money for pain and suffering? 5. How long do I have to treat with the company doctors? 6. If ...

What are good questions to ask a lawyer?

Jan 13, 2021 · Here are 10 workers comp questions to ask your attorney before you hire them. Question #1: What type of cases do you take? If an attorney only handles workers’ comp cases occasionally, s/he may not be up-to-date on new laws, procedures, or defense strategies. At the Law Office of Brian D. Tadros, P.A., we practice workers’ compensation law and only workers’ …

How long do most workers comp settlements take?

What is the most common injury claim on workmans comp?

What percentage does a workers comp attorney get in California?

How long after an injury can you claim compensation?

What is considered injury on duty?

How long does it take to settle workers comp case in California?

What is the maximum permanent disability benefit in California?

What is the maximum workers compensation in California?

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. “The laws provide the injured workers with fixed monetary awards, in an attempt to eliminate the need for litigation”, according to the Cornell Law School’s Legal Information ...

What is contingent 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.

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 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.

Is a lawyer good for workers compensation?

A lawyer may be an excellent lawyer but may not have much experience in the workers’ compensation field. Lawyers who work in a variety of areas may do some work on your workers’ compensation case one day, and then help another client fight a traffic ticket the following day.

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.

What happens if you get injured in a work related accident?

If you’ve been injured in a work-related accident, or a cumulative trauma that you have suffered over time has begun to interfere with your ability to work, it can be a confusing and frustrating time. Your life can suddenly become full of worries.

Can an attorney focus on a case all the time?

While it’s true that attorneys can’t focus on your case all the time, you do need to know that you can speak to them when it’s important and that you can have access to any information they have collected. Being able to communicate directly with your attorney is crucial for both you and them.

Does Frommer D'Amico offer free case management?

Yes. At Frommer D’Amico, we offer free case management. That means you can hire us to give you advice, review records, and help you make strategic decisions at no charge. You do not even need to tell anyone you are getting legal advise if you do not want anyone to know that you have a lawyer.

Can you sue your employer for work related injury in Pennsylvania?

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.

How long can you see a doctor after a work injury?

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.

Is there anything wrong with settling a workers compensation case?

Likewise, there is nothing inherently wrong with either settling or going to trial, but this is important information for you to know all the same. There is a lot of uncertainty surrounding workers’ compensation cases; anything that helps you mentally prepare for a certain outcome can be helpful.

Is there a no fault system for workers compensation?

In most cases, no. Workers’ compensation was developed as an alternative to suing employers. It is known as a “no-fault” system, meaning employees have the right to receive compensation following a workplace injury, regardless of who was at-fault (within reason).

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.

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.

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.

Can a judge reject a settlement?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it. To avoid that predicament, get a lawyer at the first sign of trouble. You’ve already been injured on the job.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, ...