After a workplace injury, your top priority is probably getting paid for your medical bills and lost wages as quickly as possible.
Sometimes, hiring a workers’ compensation lawyer is the best way to make this happen. Other times, you may be able to handle the case on your own successfully, particularly if you had a minor injury, your employer acknowledges that it happened on the job, you didn't miss much work, and you don't have any complicating medical issues like preexisting conditions.
If any of those things aren't true, it would be in your best interests to enlist the help of an attorney.
Can You Afford a Workers' Comp Lawyer?
Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you).
This means the lawyer only gets paid if you get paid, and you don’t need to worry about paying the fees up front. According to our survey of readers with workers' comp claims, workers' comp attorneys charge an average of 15 percent of their clients' award or settlement.
Our survey also revealed that workers who hired a lawyer ended up with a higher settlement or award—an average of $5,500 more, in fact—than those who represented themselves. Even taking into account attorneys' fees, our survey found that most workers who hired lawyers took home more money than those who didn't.
Most workers’ comp attorneys offer free consultations to review your case, discuss whether you need a lawyer, and give you an idea of what you might be able to recover.
What a Workers' Comp Attorney Will Do for You
Appealing a denied workers' comp claim is often the only way to get the money you deserve. However, the appeals process can be complicated. It involves tight deadlines, formal paperwork, and detailed knowledge of substantive and procedural rules.
An experienced workers' comp attorney can help you present your case in the most convincing light possible, by helping you:
- prepare for the workers' comp hearing
- highlight the strengths of your case with supporting evidence, and
- question witnesses effectively.
A lawyer can also ensure that you don’t lose your case on a technicality because you failed to follow a certain rule, meet a deadline, or submit a particular document.
In addition, having legal representation may increase your odds of getting a fair settlement without even going to a hearing. With an attorney in the picture, the insurance company will be more motivated to negotiate, and your lawyer will be able to evaluate whether you should accept the settlement offer.
Reasons to Hire a Workers' Comp Attorney
Your Claim Has Been Denied
You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work.
Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision. Unfortunately, some workers take the denial at face value and miss out on the benefits they're entitled to receive.
You Have a Serious Work-Related Injury or Illness
You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness.
A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award. Faced with the possibility of a high payout, the insurance company is more likely to rigorously fight your case. The insurer may also try to argue that your chronic condition was caused by something other than your work.
When the insurance company puts up a fight, you could face tactical delays, demands for independent medical exams, or low-ball settlement offers. An experienced workers’ comp lawyer will know how to deal with these types of insurance defense tactics and can help you get your medical expenses covered and receive a fair settlement or award.
You Have a Preexisting Condition That Complicates Your Claim
If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.
Sometimes, doctors may disagree on exactly how much of a complex medical problem is work related and how much is related to old injuries or even the normal aging process. A lawyer can help you figure out whether it would be helpful to get a second medical opinion and how to go about that process.
An attorney can also help you gather testimony from people such as colleagues or family members who are familiar with your condition before and after your workplace injury.
You're Unable to Return to Work
If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury.
Permanent disability benefits can be very expensive for the insurance company, and it will do everything it can to minimize your disability rating (the measure of your long-term limitations). Insurance companies usually have high-powered lawyers working for them; having an experienced lawyer on your side will level the playing field.
When You Might Not Need a Workers' Comp Lawyer
If your workers’ comp claim is straightforward and uncontested, you may not need to hire a lawyer. For example, if your injury was minor—such as a small cut requiring a few stitches or a mild sprain—your claim is unlikely to be challenged, and you can probably handle the process on your own.
Similarly, if your employer and the insurance company promptly accept your claim, cover your medical treatment, and pay your lost wages without issue, there may be no need for legal representation. In these cases, simply following your state’s claim procedures and keeping good records should be enough to ensure you receive your benefits.
However, even if your case seems simple, it’s still a good idea to stay informed about your rights. If any red flags arise—such as delayed payments, requests for unnecessary independent medical exams, or unexpected denials of treatment—you may want to consult with a workers’ comp attorney to make sure you're not being shortchanged.
Contact a Workers' Comp Attorney
If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.