Choosing A Workers Compensation Attorney – A Complete Guide

Have
you got injured or received an illness while at work? Treatment might be the
first priority but you are also entitled to compensation. You can file for
compensation on your own but you fear that it might get rejected. Here an
experienced compensation lawyer can help you.

Who
is a workers’ compensation attorney? – Meaning and definition

A
workers’ compensation attorney is an attorney or lawyer who helps workers get
the right compensation after a workman meets an injury or got ill while at
work. They play a vital role in workman welfare as sometimes insurance
adjusters fail to provide appropriate compensation to victims. Here these
attorneys provide them with legal help.

Fee
of workers compensation attorney – How much they charge

The
workers’ compensation attorneys or lawyers charge you nothing. They get a
certain amount of compensation if they are given compensation for your injury
or illness period or a certain percentage of the lumpsum amount. Their fee is
regulated by the respective governments.

Also
Read

Criminal
Lawyer – Meaning, Benefits, Reasons and How to Hire

Reasons
why should I hire a workers’ compensation lawyer

There
are times when you have been hurt at work and you are in a dilemma about
whether or not you should hire a workers’ compensation lawyer. As you might be
losing wages and paying big amounts in medical bills, there should be no
dilemma regarding hiring a workers’ compensation lawyer. Here we give
compelling reasons for it.

Your
employer is in denial mode

There
are instances where a workman got injured while working and the employer is not
accepting it. Sometimes employers go into denial mode and don’t accept that the
workman has got injured at their premises.

If
this is also the situation with you, a workers’ comp lawyer could be of great
help to you. Such an attorney can help you establish that you have got hurt
while working besides establishing your employment with the firm.

Change
in employers’ attitude

Most
employers are initially sympathetic when an employee gets injured. But their
attitude changes when they find that he won’t be able to come to work for long.
They start forcing them to return to work very soon or face forced termination.

If
you are also facing such a situation, you should immediately consult a lawyer
who will not only ensure job safety but also get the right compensation.

You
don’t know how to file a complaint

Most
employees don’t know the finer nuances of law regarding workers’ compensation.
So when they got injured while working they don’t know how to safeguard their
rights.

A
good workers’ comp attorney knows how to file the claim so that the rights of
workers can be well safeguarded. He will prepare your case and help get you
desired results.

Your
employer does not offer workers’ compensation insurance

The
US law has a provision that an employer must offer workers compensation
insurance. So, if after injury, you have learned that your employer is not
offering insurance for workers, it is the right time to see an attorney with a
specialization in workers’ compensation. Such an attorney will tell you about
the options available before you.

Workers
with a preexisting condition

Some
workers have a preexisting condition that makes their compensation claims
highly difficult. Your employer, insurance company, or even insurance company
may cite this preexisting condition as the reason for injury. It weakens your
workers’ compensation claim.

Even
if you have a pre-existing condition, it is not a lost case for you. A workers’
compensation attorney may offer you respite. He evaluable your preexisting
condition and use his expertise in law to make your case strong. These lawyers work
with various experts who help them prepare a better case.

Employer
doesn’t acknowledge your injury

You
may have a difference of opinion with your employer regarding your injury. Your
employer might not acknowledge your injury. He may have a team of lawyers who
will be arguing in his favor. All these things may drive you to the point of
hopelessness.

But
you shouldn’t lose hope as a workers’ compensation attorney might help you in
this regard. He has access to a team of doctors that will collect evidence to
establish your injury.

Your
medical expenses are too high

It
is very difficult to assess the cost of injury and your medical bills could be
way too high than what you have expected. You may have imagined that your back
or head injury is normal but it gets complicated and your medical expenses rise
meteorically. You might have to go through multiple surgeries and in some
cases, it may require intervention from other medical professionals like a
physical therapist and occupational therapist among others. Here having an
experienced workers’ comp attorney with doctors in their team can ask for a
claim that covers all the aspects of your treatment.

Your
compensation is being reevaluated

You
got injured, received treatment, and got compensation. You thought that things
have got settled. What if your employer’s insurance company files a request for
reevaluation? They may think that your injury is not life-altering and you have
been paid more than appropriate.

If
such a situation arises, you may not be able to handle it on your own and you
have to hire an experienced workers’ compensation attorney.

You
are not given the benefits

It
happens. Compensation to a worker may be denied. If it happens to you then what
would be your option? Here a workers comp lawyer can help you.

An
attorney understands the reasons behind the denial of your claims. They know
what documents and evidence your case may be lacking. He also finds out even
the minutest lack in your preparation. After knowing these things, he prepares
your case accordingly. Well-prepared cases don’t get denials and have high
chances to get benefits.

You
are looking for lost wages

After
the injury, you are not able to work and as a result, you may lose your wages.
As most workers find it hard to survive even after working full time how can
you survive without wages?

A
good workers’ compensation attorney understands this situation and exercises
provisions in the law to get wages so that your family doesn’t suffer.

Also
Read

Benefits
of hiring a workers’ compensation lawyer

Hiring
a workers’ compensation lawyer is totally worth it. There is a huge difference
between handling a workers’ injury case on your own and having an experienced
attorney fighting it for you. You can clearly find the benefits of working with
an attorney. Here we list the benefits of hiring a workers’ compensation
attorney.

They
check your eligibility

Your
workers’ compensation battle should start with checking your eligibility. As
per law, most employees injured on the workplace, deserve workers’
compensation. But there are certain exceptions to it. Domestic help, farm
workers and seasonal workers are the exceptions to it. As you get in touch with
a workers compensation attorney, he checks your eligibility before proceeding
further. It saves you a lot of time, resources and energy. Some of the
eligibility criteria are as follows.

• You’re
  legally employed
• Your
  employer offers insurance
• Your
  injury is related to work
• You
  reported the injury or illness in time
• You
  visited a doctor recognized by the employer

They
revive your case after the denial

When
we meet an accident while at work we become very much assured about the
compensation. After all, there are so many witnesses around and you have got
treated at a recognized hospital. But you get surprised when your claim is
denied. Having witness and medical certificate is no guarantee of getting
compensation.

Here
an experienced workers compensation lawyer can make a difference. An
experienced lawyer knows how to prepare a strong case. Through his experience,
he knows what is the precise set of evidence and documents that no court or
insurance company can deny. He might be in touch with some doctors who know how
to prepare strong medical records for your injury. Apart from the doctors, he
also has excess to several professionals who help them with evidence collection.

They
better negotiate with the insurance company

Lawyers
of the insurance company are crack negotiators. They have handled several cases
of workers’ compensation so they have mastered the art of maneuvering. Most of
the workers have not found themselves in a legal tangle before so they are not
a match for these negotiators.

Here
an experienced workers’ compensation attorney can anticipate their moves and
prepare the case accordingly. They know how insurance companies trick people
into accepting an offer that is just not sufficient. An experienced lawyer has
a fair idea about what can you get and he sticks to it until your insurance
company complies to it.

A
workers’ compensation lawyer documents your agreement precisely

The
wording of your agreement is highly important as it may make or break the
chances of getting the desired settlement amount. As you are not an expert at
it, you should not take a chance and leave it to some experts. No doubt with
superior knowledge of law and expertise in documentation, workers’ compensation
lawyers are ideally suited for it.

They
know what wording to use to maximize your benefits. A well-worded agreement
makes more chances of getting additional benefits like social security
benefits. If you are to get a settlement amount, he reads its terms and
conditions to safeguard your interests.

They
help you win at the court

Not
all workers’ compensation disputes are settled out of court. If an agreement is
not reached, you have to take the matter to the court. Here you have to
represent your case in a highly efficient manner. it becomes difficult if you
are representing yourself that too for the first time.

Here
an experienced workers’ comp attorney can represent your case before a judge in
a much more convincing manner.

By
handing over this responsibility to him you can rest assured that your case is
being properly tracked and your chances of getting compensation is high. We all
know that insurance companies have a highly skilled team of lawyers and you
can’t equal them without the support of a workers compensation attorney.

They
look after related legal issues

Some
workers’ compensation cases are not black and white as some degree of
complication is attached to them. An attorney looking after your case also
looks after the related legal issues. For example, if you have got injured at
your workplace due to the negligence of someone who is not related to your
employer then the matter gets complicated. In such a case your attorney handles
these related complications as well.

With
them, you get breathing time

With
a workers’ compensation attorney working on your case, you can rest assured
that your case is being properly tracked. Having peace of mind during an
illness or injury helps you with a speedy recovery. it is one of the major
advantages of hiring a legal counsel.

Also
Read

How
to choose a workers’ compensation lawyer

Workplace
injuries or illnesses are very common and employees have to hire an attorney to
safeguard their rights and ensure sufficient compensation. Here we give you
valuable tips on how to choose a workers’ compensation attorney.

Make
a list of potential attorneys

In
every city, you will have some names that are known for their legal skills and
help to get workers’ compensation. You should prepare the list of attorneys.
You can prepare this list from local directories, bar association websites or
from people who have fought a workman compensation case earlier. Once the list
is ready, selecting the workers’ compensation attorney gets easy.

Know
about those shortlisted

Once
you have prepared the list, the next stage is performing background checks on
these lawyers. Know about their strengths and weaknesses, ask about how many
years they are working, and any disciplinary action they are facing. Your state
bar association website can help you a lot while doing a background check.

Among
other things to know while doing a background check is their area of
specialization. Is he a jack of all trades and master of none or does he
specialize in workers’ compensation law? It is always better to go with a
lawyer with a relevant specialization.

Conduct
a meeting with your potential workers comp lawyer

Once
you have done your primary research, it is time to convene a meeting with your
potential lawyers. This step can’t be missed. Even if you have got tons of
positive reviews or talked to him over the phone, the importance of an
in-person meeting can’t be undermined. During your meeting ask your prospective
lawyer to evaluate the case and let you know what can be expected from it.

Know
about their experience

They
say there is no substitute for experience. It well applies to the selection of
a worker’s compensation attorney. You should know about your prospective
lawyer’s experience. Know about how many years he has been practicing workers’
compensation law. Also, know what are the different types of workers’
compensation cases he has handled.

It
is good to go for lawyers with maximum experience but if a lawyer with a few
years of experience is getting good results you should also consider him.

Know
their success rate

They
say that the proof of the pudding is in the eating. Likewise, there couldn’t be
a better test for a workers’ compensation lawyer than his success rate.

Some
of the lawyers may not tell you their success rates citing legal reasons. But
there is no harm in asking as some lawyers can proudly say this.

Feedback
matters

You
should ask about your prospective lawyers before finalizing him.  You can contact their client, check online
forums, or even post a question asking about him on popular websites. It is
better to verify than be sorry.

Ask
about their way of communication

Communication
with the attorney is important while you are fighting for workers’
compensation. You need to know recent developments in your case. For this, you
should know how your lawyer communicates and what are his communication
preferences.

Different
lawyers have different preferences like call, text, or detailed email. Know
about their preferences.

Check
if you are comfortable

Workers’
compensation cases are time-consuming and you have to keep in touch with your
attorney for a long. So, there should be a certain comfort level. On your
meeting with him, you should check if you would be working with him for a long.
If not, it is time to look for other options.

Also
Read