what to ask your work 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?

May 22, 2017 · A workers’ compensation attorney in Santa Rosa can help you decide when the time is right to settle. 9. Can I bring a lawsuit? Workers’ compensation is usually the exclusive remedy for a work injury. That means generally, you cannot sue your employer in court, even if the injury was your employer’s fault.

Should you hire workers comp lawyer?

Here are a few questions you should ask your worker’ compensation lawyer to help put your mind at ease: How many workers’ comp cases do you handle? This is a very important question because the more work injury cases your lawyer has handled, the better your chances are of winning your case. General practice lawyers may not have the same level of workers’ …

Why do I need workers comp lawyer?

Nov 10, 2021 · 2) What is your success rate with workmans comp cases? You should also ask your attorney how often they’ve been successful with previous workman comp cases. This will give you a better idea of an attorney’s skill and experience when it comes to handling your claim. You need a workers comp lawyer with a proven track record to safeguard your rights.

What are good questions to ask a lawyer?

Insurance companies are concerned with their bottom line and want to settle with you for as little as possible even if you are entitled to much more based on your injuries. An experienced workers’ comp attorney will guide you on what you may be entitled to. 2. What Is Your Success Rate? Ask any potential attorney what their success rate is.

What is the highest Workmans Comp Settlement?

Navigating Mental Health Challenges Through Law School To date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.Feb 11, 2021

What percentage does a workers comp attorney get in California?

The laws and regulations dealing with attorney's fees vary depending on where you live. In California, the workers' compensation judge will authorize a fee of 10%, 12%, or 15%, according to the complexity of your case. In a case where you settle for $40,000, your attorney's fee could be anywhere from $4,000 to $6,000.Jul 6, 2016

What is the average work comp settlement in California?

between $2,000 and $20,000Average workers' comp settlements in California 55% of settlements fell between $2,000 and $20,000. 13% of settlements were between $2,001 and $40,000. 12% of settlements fell between $40,001 and $60,000.

What percentage does a workers comp attorney get in Illinois?

20%The Illinois Legislature has set attorneys' fees for workers compensation cases at 20% for most situations. If there is a separate case against a third-party, the case is handled separately, and the separate fee agreement will need to be agreed upon.

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

within 30 daysA judge will usually hold an informal hearing to make sure you understand the agreement and that the terms are fair. If the judge approves the settlement, you will receive your lump-sum payment within 30 days.

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.

Can I get disability after workers comp settlement?

Individuals who settle a workers' comp claim do not forfeit their legal rights to SSDI. There will be an offset if combined benefits exceed 80% of a person's average current earrings before disability began.Feb 24, 2022

Can I get disability after workers comp settlement in California?

Since a case usually settles after an injured worker's condition has stabilized, there will not normally be any temporary disability due later since the injured worker received temporary disability payments while he or she was not working.

How long does it take to get workers comp settlement check?

While there's no enforceable rule on how soon the settlement check is to be released after expiration of the 30 days, it's typically one to two weeks.

Gather Your Information

You should be ready with a brief summary of what has happened in your case so far. Lawyers like to go through events chronologically, so it will help to create a short timeline of the events, including:

Bring the Right Documents

You should also collect documents and other relevant information to bring to your meeting, including:

Prepare a List of Questions to Ask Your Workers' Comp Lawyer

Initial consultations are also an opportunity for you to evaluate whether you want to hire a lawyer. You’ll want to get a feel for whether attorneys you're meeting have the time and experience to handle your case, and whether they’re the best fit for you.

What Determines My Settlement Amount?

In considering your workers’ compensation settlement, one of the first thoughts you might have is about the final amount. It’s important to determine the settlement amount, and the total you’ll achieve when the entire process has been completed. Numerous factors will be considered when calculating your workers’ compensation settlement.

Can I Sue My Employer or Coworker?

In most cases, you cannot sue your employer or coworker for injury or illnesses suffered as a result of their negligence. You can only apply for your workers’ compensation settlement to pay for your lost wages and medical bills. However, if a defective product lead to your injury, you might be able to sue the manufacturer directly.

What Are My Options if the Claim is Denied?

If your claim to a settlement is denied, you have many options available to you. It’s important you contact a workers’ compensation lawyer directly to learn more about these options and to devise the ideal strategy to address your claim.

When Should I Settle?

One of the most critical questions to address when reviewing your case alongside your attorney is “When should I settle my claim?” Your attorney can help you answer this question when they know the circumstances of your claim and the background of your working history with the company.

How Long Will the Process Take?

Knowing how long the process will take can prepare you for the months ahead both mentally and financially. There are many financial burdens associated with a workers’ comp case; for example, because you’re now out of work while you await your settlement, you may be running out of savings.

How Much of the Final Settlement Amount Will I Receive?

That is an important question to consider for those looking to maximize the money in their pocket after the settlement has been finalized.

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.

What is contact information?

Contact information for your treating physician; The dates of treatment; Medical records related to your treatment and diagnosis; Medical bills incurred for treatment; Photographs of the injury; The contact information for any eyewitnesses who saw the accident; A copy of any accident reports created by your employer; and.

What is a summary of an accident?

A summary of the workplace accident, including the date of the injury; Employment records indicating the date of hire, position, and job duties ; Recent pay stubs or bank statements, which will help an attorney give you a better estimate of what you can expect to collect in benefits if your claim is approved; The name and contact information of the ...

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.

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.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. 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.

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, ...