10 Questions to Ask Your Workers Compensation Lawyer
Injured at work? You deserve to get compensated for the injuries, loss of wages, and disability. But wait, getting all these benefits after you suffered an injury at work is not a walk in the park.
The insurance agencies will take you in rounds and might end up giving you too little for the injury or even deny your claim. But that’s not going to happen if you choose to work with a reputable workers compensation lawyer.
A lawyer will not only help you find the best compensation but will also help you understand everything about workers’ compensation claim. So, if you’re thinking of hiring a workers compensation attorney, here are ten questions you should ask them.
- Do I Need a Workers Compensation Lawyer
It’s weird to ask a lawyer is you really need their services when of course, they need your money. But yes, it’s important to ask this question so that the lawyer can explain everything they’ll help you achieve with your claim.
The chances are that the insurance agency will deny giving you compensation or claim that the injury was entirely your fault. Remember, they’re in business to make money and compensating you if not part of that. You need to seek a lawyer’s services if you suspect the possibility of the agency denying your claim.
If you suffered permanent disability, the lawyer would know how to negotiate on your behalf and get the benefits you deserve. Because you don’t understand the law, you don’t want to risk getting misadvised. Make sure you find an attorney who can negotiate, represent you in a lawsuit, and give you the best legal advice.
- What Happens When the Injury was My Fault?
There are several occasions when you do not get workers’ compensation. For instance, if you were in a fight and got injured. Or when you operated a machine while intoxicated, you won’t be eligible for compensation.
But sometimes there are general faults such as making a mistake in chemical application. You’d get your compensation if your employer or a colleague were negligent. Your general fault will not dictate the amount you receive as compensation.
- How Much Time Do I Have to File for Workers Comp?
There is a limited timeframe for filing a workers’ compensation claim failure to which you might not get anything. The claim filing process has two deadlines. The first involves informing your employer, which should take a few days, and the period varies from state to state.
The second deadline is the period you have to officially file a claim with the workers’ compensation commission of your state. This takes a much longer time and can go up to a couple of years. Your lawyer understands all this and should explain everything in detail so that you don’t miss the deadlines.
- Do I Need to Go to Court?
Most workers’ compensation cases are handled out of court hence won’t require a hearing. However, other cases need a judge’s intervention. These particular cases may involve complicated matters such as a disagreement with the claim administrator or disagreement from your doctor.
Your attorney will not give you an answer right away if the case will go to court or not. Sometimes the negotiations may start so well then you end up disagreeing in the middle of it. If the parties involved don’t seem to come up with a favorable deal for everyone, the case may end up in court.
When this happens, you will need a well-trained lawyer because things may get even tougher. At this stage, it’s important to find out if the lawyer you’re working with has successfully handled a court hearing like this. Access their success rate so that you can predict the outcome of your case.
- Should I Sue My Employer?
Workers compensation claim doesn’t have to involve a lawsuit. Employers are required to ensure their workers against injuries, and that’s enough to protect them from any lawsuit. When you’re injured at work and decide to get compensation, you give up your rights to sue the employer for injuries.
However, in circumstances where there is no workers’ compensation claim, then your employer may not be immune to a lawsuit. If you go to the extent of suing your employer, then it means you’re giving up your rights to a workers comp’.
There are different circumstances where a worker may decide to give up compensation and sue the employer instead. These are extreme circumstances where the employer intentionally put you in harm’s way, or they did not get workers compensation insurance. Sometimes they may even bar you from getting compensated or make things complicated.
- Should I See my Doctor or the Company Doctor?
The decision to see a pre-approved doctor or a company doctor varies from state to state. Because you’re not too conversant with the state laws, your attorney should be able to tell you this. Remember, some states don’t allow employees to choose their doctor in cases requiring workers’ compensation.
Find out if your case involves any such restrictions and how they can affect you. The lawyer should be able to investigate on your behalf and tell you all the details. This way, you won’t end up making mistakes that might jeopardize your chances of getting compensated.
- Should I Talk to the Claim Administrator?
It’s not wrong to talk to your claim administrator because they might want to clarify some important things with you. They may need to verify details on the injury and confirm the kind of treatment you’re getting.
However, you must be careful with the kind of information you give as they might use anything against you and hurt your case. Talk to your lawyer beforehand and get the best legal advice before talking to the administrator. If you’re not confident enough, you should let your attorney do the talking.
- What Are My Workers Compensation Benefits?
Many changes will happen in your life once you get an accident at work. Even with minor injuries, you’ll be forced to stay out of work for several days as you recover. You need compensation for lost wages during your recovery period.
Most of the times, you’re going to incur huge medical bills to cover the injuries, you’re entitled to medical benefits. If you may not go back to work because the injury caused permanent disability, then the insurance company will give you what’s called total permanent disability benefits.
Depending on your situation, you might also get other forms of benefits such as retraining vouchers. Or if a family member died from the injuries, then the dependents will receiver death benefits. The lawyer will access every situation and explain the kind of compensation you deserve.
- How Long Will it Take to Get Worker’s Comp?
It’s not easy to predict when you’ll finally get the benefits for your worker’s comp. Depending on the negotiation process, the compensation may take a short time or may drag for years. Your attorney will not give you a definite time frame but should give you an approximate timeline.
Since you don’t have a definite timeframe, it’s not easy to know when your compensation will be out. That’s why you need a trustworthy attorney who’ll notify you as soon as there is an offer on the table.
Don’t just sit and wait for the notification, though. Your lawyer should walk you through the steps you should take while your case is pending. They should also brief you on the mistakes to avoid and everything you should do in compliance with the state law.
- How much will I Pay for Workers Compensation Lawyer?
Your workers compensation attorney should provide you with a clear answer regarding the amount they’ll charge for their services. The amount can, however, vary with the magnitude and duration of the case. It will cost you less if the case gets settled out of court and cost much more if it ends up in a lawsuit.
A good worker’s compensation attorney should be willing to represent you on a contingency fee basis. This means they’ll receive their fees from a percentage of your compensation. Make sure you agree on all the payment terms beforehand so that you don’t end up with issues after compensation, negotiation, or trial verdict.
Getting the Best Lawyer Guarantees the Best Compensation
Working with an experienced workers compensation lawyer is very important. You need someone who can explain the law to you and guide you through all the legal processes involved. Your lawyer should have your best interest in mind and represent you with compassion and understanding.
Make sure your attorney is conversant with the state law for the best representation. They should be in a position to offer you all the legal help you deserve without taking advantage of your situation.
We’ll be here with the best advice on finding a lawyer for various legal matters and ensure you only get yourself the best. Read other articles to help you understand what you need to do whenever you find yourself in a legal situation.