The lawyer you hire for your workers’ compensation case can make a big difference in getting you the benefits you deserve. Once you’ve gone through the process of finding and researching workers’ comp attorneys, the next step will be to set up meetings with the lawyers you’re considering.
Most workers’ comp lawyers don’t charge for initial consultations, which may happen over the phone or at the lawyer’s office. Either way, it’s important to be prepared, so that you can get the most out of the meetings. Here are some tips for your preparation.
Gather Your Information
You should be ready with a brief summary of what has happened in your case so far. Lawyers like to go through events chronologically, so it will help to create a short timeline of the events, including:
- when you were hired
- how and when the injury happened
- how and when you notified your employer about the injury, and who received the notice
- when and where you first sought medical treatment, and
- a brief summary of your medical treatment to date.
Bring the Right Documents to Your Workers' Comp Lawyer
You should also collect documents and other relevant information to bring to your meeting, including:
- any written reports of your accident or injury
- your medical records
- a list of your medical providers and their contact information
- a list of any witnesses who saw your accident, with contact information
- information on any previous injuries you’ve had to the same part of your body
- correspondence from your employer or its insurance company about your claim, and
- contact information for your employer and its insurance company.
Prepare a List of Questions to Ask Your Workers' Comp Lawyer
Initial consultations are also an opportunity for you to evaluate whether you want to hire a lawyer. You’ll want to get a feel for whether attorneys you're meeting have the time and experience to handle your case, and whether they’re the best fit for you. To help you focus your assessment, prepare a list of questions that you would like to ask, including:
- How much of your practice is devoted to workers’ comp cases, and how much experience do you have? You are looking for a specialist in workers’ comp, so the lawyer should devote a significant portion of the practice to representing injured workers (rather than insurance companies). More experience is better, but a lawyer with at least five years of workers' comp experience should generally be well-equipped to handle your case.
- Do you have any certifications? Many state bar associations allow lawyers to get certifications in workers’ compensation law by meeting certain requirements. A certification usually means that the attorney has advanced knowledge and significant experience in workers’ comp. While this isn’t an absolute necessity, it is a helpful way to find the most qualified lawyers.
- Will you be handling my case personally? Who will be doing the bulk of the work? It’s common for lawyers to delegate appropriate tasks to associate attorneys, paralegals, or even legal assistants within the firm. But your lawyer should be overseeing everything in your case, doing the high-level work, and keeping you informed on a regular basis.
- What are the strengths and weaknesses of my case? No attorney can guarantee that you’ll receive a certain amount of benefits, so you should be concerned if a lawyer makes big promises about outcomes. But an experienced workers’ comp lawyer should be able to give you a general assessment of your case. You want a confident but realistic attorney.
- How often will you or someone from your office communicate with me? Your attorney should keep you informed about any developments in your case. Workers’ comp lawyers are often busy juggling many cases at the same time, so don’t expect daily updates. But you should expect that your lawyer will respond to your calls and emails within a reasonable amount of time. Ask if someone from the office, like a paralegal or assistant, will give you updates and answer basic questions about the status of your case.
- What are your fees? Workers’ comp attorneys usually work on a contingency fee basis, which means that they take a certain percentage of your settlement or award. Nearly all states set a maximum cap on the percentage (usually 10% to 20%), and most states require a judge to approve the fee. (Learn more about how much injured workers paid their lawyers.) Make sure the lawyer fully explains the fees and the cap in your state.
- How will you handle costs? There are other costs involved in pursuing workers’ comp cases, including record requests and witness fees. Ask if the lawyer will advance these expenses and deduct them from your settlement or award and whether you will have to reimburse the lawyer if you lose your case.
- Do you have any references that I could talk to? If you’re still on the fence about the lawyer, ask if there are any former clients or colleagues you could talk to about their experiences.
Make sure you take notes during your meeting and notice whether the lawyer listens well and explains things in a way that’s both understandable and thorough.
What to Expect After the Initial Meeting
Once you’ve met with a workers’ comp lawyer and provided them with the necessary information, it’s important to understand what happens next.
If you decide to hire the attorney, they will typically ask you to sign a representation agreement outlining the terms of their legal services and fees. Your lawyer will then begin gathering additional evidence, communicating with the insurance company, and preparing for any potential disputes in your case.
Make sure you clarify how and when you’ll receive updates about your claim. Some cases require immediate action, while others involve long waiting periods before hearings or settlement discussions. Understanding the timeline of your case will help you set realistic expectations and avoid unnecessary stress.
If you’re still considering multiple attorneys, take some time to review your notes and compare their responses before making a final decision. Choosing the right lawyer is a crucial step in securing the benefits you deserve.