Most employers are responsible for providing employees with Workers' Compensation insurance. These important benefits cover your medical treatment, a portion of your lost wages, disability compensation and vocational training. However, you may need to hire a Workers' Compensation lawyer. Follow these tips as you take this step.
Why Hire a Workers' Compensation Lawyer
Workers' Compensation insurance covers an injury or illness that occurs on the job. The claims process can be confusing, and claims are sometimes delayed or denied. Hiring a qualified lawyer can protect your rights and help ensure you receive the benefits you deserve.
Consider hiring a lawyer in these circumstances.
- Your claim is denied.
- You don’t have adequate proof that your injury or illness is job related.
- You suffer significant injuries.
- You become permanently disabled.
- Your doctor orders extended recovery time.
- You cannot return to work.
- You don't understand or cannot navigate the claims process.
What Your Workers' Compensation Lawyer Will Do
Your Workers' Compensation lawyer will work methodically to build your case. They will:
Typical attorney actions
- Organize medical records.
- Arrange for witnesses to testify about your medical needs or vocational limitations.
- Accurately estimate your future medical treatment needs.
- Negotiate successfully with the insurance company.
- Advise you on filing additional personal injury or product liability claims.
How to Find a Workers' Compensation Lawyer
Check online directories for qualified and experienced Workers' Compensation lawyers. You can also ask friends and family members for recommendations or talk to an agent.
For information about coverage in specific professions or industries, see Workers' Compensation for Oil & Gas Secondhand Equipment Dealers.
Experience Matters
The Workers' Compensation lawyer you hire should have experience in this field. He or she should be familiar with your particular injury or illness, your state's Workers' Compensation laws and how to file an appeal.
For guidance on occupation-specific coverage, attorneys and law offices can review resources such as Workers' Compensation Insurance for Attorneys (Class Code 8820).
Be Prepared to Contact Several Lawyers
Because Workers' Compensation lawyers are paid a fee based on a percentage of the benefits you receive, they usually only take cases they believe they can win. This means you may need to contact several lawyers before you find one who will take your case.
Most Workers' Compensation lawyers will provide a free initial consultation, so keep searching until you find one who will work with you.
Know the Fees
Workers' Compensation lawyers only receive payment if they win your case. The fee they charge is typically 15 to 35 percent of your total settlement, so if you are awarded $50,000, you would pay your attorney between $7,500 and $17,500.
While this fee is significant, you may receive a larger award when you hire a lawyer versus if you represent yourself.
A Workers' Compensation lawyer will work on your behalf to ensure you receive the benefits you deserve. Use these tips as you hire the right lawyer for your needs.
Frequently Asked Questions
When should I hire a Workers' Compensation lawyer?
Consider hiring a lawyer if your claim is denied, your injuries are significant, you face permanent disability, or you cannot navigate the claims process on your own.
Will I pay a fee if the lawyer loses my case?
Most Workers' Compensation lawyers work on a contingency basis and are paid only if you receive benefits or a settlement.
What information should I bring to the initial consultation?
Bring medical records, incident reports, pay stubs showing lost wages, and any correspondence with your employer or the insurance company.
Can a Workers' Compensation lawyer help if my claim is denied?
Yes. A lawyer can help gather evidence, file appeals, and represent you in hearings to challenge a denial.