Selecting the best lawyer for your injury can be the most important decision you make after a work accident.
Choosing poorly can cost you thousands of dollars. Choosing wisely can mean the difference between a denied claim and receiving the benefits you deserve. Unfortunately, most people have never hired a lawyer before, making the entire process feel like a trip to the unknown.
The good news is finding the right workers comp attorney doesn’t have to be difficult.
With the proper approach, injured employees can find legal representation that will fight for their rights and maximise the compensation they receive.
Read on for a step-by-step guide to identifying top workers comp attorneys.
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Contents
- Why Hiring Legal Representation Matters for Workers’ Compensation
- Top Qualities to Look for in a Workers Comp Attorney
- Questions to Ask a Prospective Attorney
- Red Flags in Workers’ Compensation Lawyers
- Understanding Legal Fees
- Making the Final Decision
- Wrapping Things Up
Why Hiring Legal Representation Matters for Workers’ Compensation
Here’s a fact that will surprise most people…
Employees who retained legal counsel in denied workers’ comp cases received 47% more in benefits than those who tried to fight on their own. That’s a life-changing number that can mean the difference between months of financial struggle and stability.
The workers’ compensation system is complex and confusing. Insurance companies hire entire teams of lawyers whose job is to reduce the size of payouts as much as possible. Taking them on without an experienced attorney by your side is like bringing a knife to a gunfight.
In fact, according to the National Safety Council, the average cost of workers’ comp claims for 2022-2023 was $47,316. That’s a huge amount of money to lose. An experienced workers comp attorney out of Fresno or your local area knows the law back to front. They know the tricks insurance companies play. They know how to build an airtight case.
This expertise can be the deciding factor in getting full and fair compensation after a workplace injury.
Top Qualities to Look for in a Workers Comp Attorney
Lawyers come in all shapes and sizes. Some are amazing, and some? Well, they’re not.
What sets the best workers comp attorneys apart? Here are the top qualities to look for:
Experience with Workers’ Compensation Law
It sounds self-explanatory but needs to be said: Workers’ comp law is its own special creature. Lawyers who specialise in auto accidents or family law will not have the necessary experience.
Look for attorneys that specialise in workers’ compensation law. Those that handle it as the main bulk of their practice. It’s even better if they’ve been doing it for years. Ask how many workers comp cases they have experience with.
The more, the better.
Successful Case Track Record
Past performance is one of the best indicators of future success.
A good lawyer will be able to show proof of past wins and positive case outcomes. They should have a history of appealing denied claims and fighting for fair settlements.
Ask for specific numbers. How many cases have they won? What is the average settlement they get for clients? The more information, the better.
Excellent Communication
The best lawyers in the world are useless if they never pick up the phone or reply to emails.
Communication is of the utmost importance. Your attorney should be available to answer questions throughout the entire process. This is especially true during an initial consultation.
Your lawyer should be willing to explain legal jargon in layman’s terms. They should be quick to return calls. During the initial meeting, take note of how well the lawyer communicates.
Do they take the time to listen to your questions and concerns? Do they explain things in a way you can understand? Trust those gut feelings. You know the right attorney when you meet them.
Local Knowledge
Workers’ compensation law differs from state to state. Hiring a lawyer that specialises in your area is an advantage. They will be familiar with your state’s specific workers’ compensation laws. They will know how the local courts and judges work. They will likely have established connections with local medical providers and experts.
This familiarity can provide a real edge in your case.
Questions to Ask a Prospective Attorney
Entering a consultation without asking questions is a rookie mistake. To help make things simple, here’s a list of important questions to pose to any workers comp attorney.
- How long have you been practising workers’ compensation law?
- What percentage of your practice is workers’ compensation law?
- How do you charge for your services?
- Who will actually be handling my case?
- How often will you update me on the status of my case?
- What is your honest opinion on the strength of my case?
The answers to these questions will give you a strong feel for any attorney. Pay attention to how detailed and confident the answers are. A good attorney will respond openly without hesitation.
Here’s an important part of the hiring process you might not have considered yet.
Understanding Legal Fees
Here’s a fact most people aren’t aware of regarding workers’ comp lawyers…
The majority of them work on a contingency fee basis.
This means no up-front cost to you, the client. The attorney only gets paid if your case is won. A contingency fee is typically between 15-25% of the settlement or award.
This contingency model provides several benefits to clients. It makes legal representation more affordable to more people. It also means your attorney has their financial interests on the line.
They only get paid if you get paid.
As always, it’s critical to get fee agreements in writing. You want to fully understand what percentage they take and what expenses might be separately billed.
Red Flags to Watch Out For
Equally as important as the above points are the warning signs in workers’ comp lawyers.
Pay attention to the following signs that suggest you keep searching.
Guarantees
Any honest lawyer will not guarantee a specific outcome.
Workers’ compensation cases are unpredictable. No lawyer can say for sure exactly how much you will or will not be awarded. Anyone who promises a specific settlement amount is a liar.
Pressure
No attorney should pressure you to sign on the dotted line.
A quality lawyer will give you time to think things over. Watch out for high-pressure sales tactics. The consultation should be informative, not overbearing.
Communication Issues
If it’s difficult to get a response from the lawyer during the consultation period…
Imagine how terrible communication will be when you’re in the middle of a case that stretches on for months.
Move on.
Specialisation
Lawyers who dabble in everything should be avoided.
Workers’ comp cases require special focus. A general practitioner will likely not have the necessary experience.
Making the Final Decision
It’s a good idea to take a pause after meeting with potential lawyers.
Reflect on the interactions. Did the consultations feel comfortable? Were questions answered to your satisfaction? Trust your instincts.
The right lawyer will inspire trust and confidence. They should be someone you feel is invested in the outcome of your case.
Don’t rush the decision. A workplace injury is stressful enough as is. Spending a little extra time to find the best lawyer will have big payoffs.
Wrapping Things Up
Finding the right workers’ comp attorney is hard work.
The best lawyers have years of specialised experience and a proven track record of winning cases. Good lawyers also have great communication skills and charge reasonable fees. They don’t use high-pressure sales tactics or guarantee case outcomes.
To quickly recap the key points for top workers comp attorneys:
- Specialised experience in workers’ compensation law
- A proven track record of successful case results
- Clear and timely communication with clients
- Knowledge of local workers’ comp laws and procedures
- Transparent and fair fee structures
Make sure to ask the right questions. Look out for red flags. Trust those instincts about who feels like the right lawyer.
A work injury is hard enough as is. The right lawyer can take some of the burden by fighting for the full compensation you deserve.
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