When you file a Workers' Compensation claim, you may need professional help. A lawyer can assist you in making sure you receive the medical treatment and financial compensation you deserve after you are injured at work.
You may not need an attorney if:
- Your workplace injuries are minor.
- Your injury does not cause permanent loss of bodily function.
- You can return to work after a few days or weeks of rest.
- You feel comfortable returning to work after treatment.
- You are willing to sign a settlement that releases your right to future claims for this injury.
You will need a Workers' Comp lawyer if:
- You require surgery because of your injury.
- You have pre-existing disabilities that complicate the claim.
- You can no longer work regular hours in any job.
- You cannot return to your current job but can work in a different capacity.
- Your injury is moderate to severe and will likely qualify you for permanent partial disability.
- You want to dispute a claim decision made by your employer, the employer’s insurer, or the state Workers' Comp division.
- You wonder whether you are receiving the correct benefits or if you qualify for additional benefits.
- Your medical benefits claim is denied.
- Your employer disputes the decision of your state Workers' Comp division.
- You want help understanding and navigating the Workers' Comp process.
Even if none of these conditions apply, you can still hire an attorney. It's your right to have legal representation while you navigate medical treatment, understand paperwork, and negotiate with your employer. Your attorney can also advocate for you and assist with applying for benefits such as Social Security disability.
If your medical benefits are denied or you need help understanding insurance coverage for treatment, an attorney or specialist can review billing and coverage questions; see Vein Treatment Insurance Overview for an example of how treatment coverage information may be presented.
When you're ready to hire a Workers' Compensation lawyer, contact a firm that specializes in your type of claim — see Workers' Compensation Insurance for Attorneys. Request a free consultation; the initial meeting usually lasts 30 to 40 minutes and gives you time to share details of your claim. The attorney can then advise you on whether you need legal representation and whether they will take your case.
In most cases, Workers' Comp attorneys are paid on a contingency basis, meaning they receive a portion of any benefits you obtain. If you don't win the case, typically you do not owe attorney fees.
Deciding to hire a Workers' Compensation attorney is an important choice. Before you move forward, check your company's Workers' Comp plan with your Human Resources director and, if you need help comparing options, talk to an agent.
Frequently Asked Questions
Do I have to hire an attorney for a Workers' Compensation claim?
No; many minor claims are resolved without an attorney, but you should consult one if your injury is serious, disputed, or results in long-term disability.
How much does a Workers' Comp attorney charge?
Most Workers' Compensation attorneys work on a contingency fee, taking a percentage of any recovery rather than charging upfront hourly fees.
What should I bring to the initial consultation?
Bring documentation of the injury, medical records, notices from your employer or insurer, and any correspondence related to the claim.
How long will a Workers' Comp claim take?
Timelines vary widely; some claims resolve in weeks, while disputed or severe cases can take many months or longer.