7 Questions to Ask Before Hiring Workers Comp Attorneys

August 5 2020 - Most people want to go to work, do their job, and carry on with their lives. But when an injury or illness happens at work, that makes it difficult.

Sure, your employer has workers comp insurance and it has paid for the medical care from your injury you sustained at work.

But now the insurance company doesn't want to pay anymore. Or maybe your boss wants you back at work and you aren't fully recovered.

Do you feel like you need to find workers comp attorneys who can help look after your interests?

Sure you might know you need an attorney, but how do you find the right one? What should ask to make sure this attorney will represent you well?

Read on to learn the 7 questions to ask your workers comp attorney.

1. Do You Specialize in Workers Compensation Cases?

Sure, many lawyers will say they can handle a worker's compensation case. But you want to find workers compensation lawyers who specialize in this type of law.

The lawyer will know the ins and outs of working with both medical professionals and insurance companies. They will have worker's comp experienced with the often back and forth negotiations that happen on a worker's compensation case.

The ability to work with and often against the worker's compensation insurance company is critical to the success of your case.

While many attorneys might do some of these types of cases, they might also handle personal injuries, traffic tickets, and divorces too. You want an attorney who will focus their energy on this type of law.

2. Have You Ever Handled a Case Like Mine?

Now, this might sound like the same question that was just asked. But actually it goes even further.

When talking to lawyers, you want to know if they have experience with your particular type of worker's compensation case. Do they have some understanding of your particular type of injury or illness?

It might be worth asking the outcomes of those similar cases and how the case proceeded. It will give you some information about how this attorney handles cases by letting them explain how they handled a previous case.

You might also ask if they have ever worked with this particular insurance company before.

3. What Is Your Success Rate?

Since you want the best representation possible, you want to know about their success (and failure) rate.

Ask them to talk to you about how often cases go to court versus being settled.

In the number of cases being settled, ask them to explain to you if the client got their desired results. If the answer is no, ask them to explain what went wrong. Again, it will help you as a client get an idea of how they proceed.

Then discuss the cases that went to court. What makes the lawyer decide a case should proceed to court versus accepting a settlement? What is the attorney's success rate when a case went to court?

4. Who Can I Talk to About My Case?

Your attorney should want to know all the details of your case. They will want medical records and all communication with both the employer and the insurance company.

You should be forthright and completely honest about all details of your case with both your attorney and the medical staff treating you.

Your attorney should advise you to talk to the doctor treating you. You may even decide to see additional medical professionals who also specialize in workers comp medical care.

Your attorney should advise you to be very careful about what you say to the insurance company. Remember, it's their goal to end the case and with as little money paid out as possible.

5. Should I Return to Work?

The answer to this question should depend on what your medical team is advising.

Sure, the insurance company and your employer might want to get you back to work. But if the doctor has not cleared you for work, you should not return.

On the other hand, medical professionals might clear you for light work or a partial day's work. If your employer can come up with a job for you that meets that criteria and you have been cleared by your doctor, you will need to return.

Be mindful, if your employer starts expecting more of you than what you have been cleared to do, then you will want to get back with your attorney to discuss how to proceed.

6. What Benefits Should I Be Getting From Workers Compensation?

Your attorney should be able to spell out the benefits you should be getting.

Medical care and rehabilitation care bills should be covered by the worker's comp insurance. It should be noted that most insurance has limits on rehab care like getting physical therapy.

Once a worker missed three days of work, they should also be eligible for short term disability to cover some of their lost wages.

If the injury or illness created a long-term or permanent injury, then your attorney will work to get you long-term disability. If this is your goal, you almost certainly will need an attorney to fight on your behalf.

Insurance companies will resist this long-term payout in most cases at every turn.

7. Do You Expect My Case to Go to Court?

Of course, until your worker's comp attorney digs into the details of your case, this will be difficult to answer. Often settlements happen in worker's comp cases.

You want to know if your attorney is willing to go to court on your behalf if the settlements aren't enough.

Finding Workers Comp Attorneys Who Will Work for You

Aside from suffering and needing to recover from a work-related injury, fighting the insurance company can be exhausting. Often it's too much to handle when you are also trying to recover.

You need good workers comp attorneys to help you get the care and financial support you deserve.

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