what to ask when speaking to workers 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

What questions should I ask before hiring a workers comp attorney?

Before you start working with an attorney, here are a few questions you should ask yourself – and them – to ensure they’re the right fit for your case: 1. Do I need a lawyer for a workers’ comp claim? Not all workers’ comp claims will require assistance from a lawyer.

When should I contact a workers’ comp attorney?

Ideally, you should contact a workers’ comp attorney right away; waiting too long could potentially jeopardize your entitlement to certain benefits. Connecting with an attorney as soon as the injury occurs will help ensure you take all correct and necessary steps in filing your claim, right from the beginning. 3.

Do I need a lawyer for a workplace injury?

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. 2.

Why hire a workers’ compensation lawyer?

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

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 percentage does a workers comp attorney get in California?

California has one of the lowest percentages for attorney fees in the nation. The Labor Code provides for attorney fees between 9% and 12%. In practice, the Workers' Compensation Appeals Board has approved 15% attorney fees for many years.

Do I need a workers comp lawyer California?

Although workers' comp in California was designed so that you do not need a workers' compensation attorney, getting help from an experienced professional is sometimes necessary to ensure that you receive all of the benefits you are entitled to receive under California law.

What is the maximum permanent disability benefit in California?

Permanent Disability Payments: How Much and How Long For injuries between 2014 and 2018, the minimum is $160 per week, and the maximum is $290 per week. While the amount of partial PD payments may be similar to the weekly amount of total PD, the big difference is how long you receive those payments.

What is the highest workers comp settlement?

a $10 millionTo date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.

Does workers Comp follow you around?

When Do Workers' Comp Investigators Follow You? Any time after you file a claim, an investigator may follow you or investigate you. You're more likely to be placed under investigation if you have a large claim, have filed claims before or if the insurance company has any reason to be concerned about fraud.

Why should I get a lawyer for workers comp?

A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits. If your settlement isn't structured properly, your workers' comp benefits could significantly lower Social Security disability payments.

Can I get disability after workers comp settlement California?

The answer to this question depends on a few factors, including the type of injury you have and the terms of your settlement. If you have a permanent disability that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI).

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 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 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 long does it take to get a notice of injury in Louisiana?

In every state, there is a statute of limitations. This regulation is the window of time following the date your accident took place. In the state of Louisiana, the statute of limitations is one to three years, and you have 30 days to give notice of your injury to your employer.

Is it normal to shop around for an attorney?

Like therapy or a good mechanic, it's normal to shop around for an attorney. Most attorneys offer a free consultation and case evaluation so you can sit down and find out as much as you can about his or her legal practice and expertise.

Is fault a factor in workers comp in Louisiana?

Unlike personal injury claims, such as a car accident, fault is seldom an essential factor in workers comp claims in the state of Louisiana — it doesn't matter whose fault the accident was.

Is there a right or wrong time to settle a case?

There is no right or wrong time to settle. However, your attorney should have the previous relevant knowledge and experience necessary to help estimate a reasonable settlement amount and provide guidance if there is an opportunity to push for a better offer.

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.

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 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.

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.

What happens if you work outside your restrictions?

If you work outside your restrictions or do something extra, the employer’s workers’ compensation insurance company may use it as a reason to argue that you’re in better health than your doctor has stated and will try to end your workers’ compensation benefits. 4.

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.