If you were hurt on the job and are thinking about hiring a workers’ compensation lawyer to help you get the money you deserve, you probably have some questions about the process.
Choose carefully who will handle your workplace injury claim; this is one of the most important steps in the whole process. It is best to work with a lawyer who is just as committed to getting justice as you are if you take your workers’ compensation claim seriously.
Suppose youre just at the beginning stage of the claims-filing process. Most likely, you have a lot of important questions about the benefits you will get, how to deal with the insurance company and claims administrator, and how to talk to your boss. And if you were seriously hurt, you’ll have a lot more questions about your job prospects and how to get better.
No matter what kind of questions you have, the first thing you should do to get the answers you need is to talk to an experienced workers’ compensation lawyer. They are there to look out for your best interests and help you make the right choices along the way.
I’ve put together a list of the best questions you should ask an attorney before hiring them to make sure you get the right one for your case.
If an on-the-job injury has left you unable to work and wondering how to pay the bills, you may need a workers’ compensation lawyer to help secure the wage replacement and medical benefits you deserve. But not all attorneys are equally equipped to handle your claim. Asking the right questions during an initial consultation can help you gauge an attorney’s experience and expertise so you can decide if (s)he’s the right fit.
Get to Know the Attorney’s Experience
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How long have you practiced workers’ compensation law? Look for at least 5-10 years of experience focused solely on workers’ comp in your state An attorney who dabbles in various areas may not have the specialized expertise you need
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How many of your current cases are about workers’ compensation? Pick a lawyer whose practice is at least 50% workers’ compensation claims. Handling a high volume of these cases indicates familiarity with the system.
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How many workers’ comp cases have you taken to trial? While most claims settle out of court, it’s still essential to hire a lawyer with trial experience for leverage in negotiations. Ask for win-loss percentages too
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Do you know my employer’s insurance company? A lawyer who has worked with your employer’s insurance company will know how they operate and be able to guess what they will do during settlement talks.
Verify Track Record of Results
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What’s your settlement success rate? An attorney may tout a success rate upwards of 90% or more. While results vary case by case, a high percentage indicates strong negotiation skills.
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What’s the average settlement amount for my type of injury? An experienced attorney can cite ballpark figures and use past cases to estimate potential value for yours.
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Can you share client testimonials? First-hand positive reviews can provide insight into an attorney’s results and level of client service.
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Have you handled cases similar to mine? Look for a lawyer with specific experience handling claims related to your injury type, employer, industry etc. Their past clients are likely to have faced similar challenges.
Understand How You Will Work Together
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Who handles my case day-to-day? Will you or an associate/paralegal be my main point of contact? You want an attorney closely involved at all times.
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How responsive are you to inquiries? Look for same-day contact and regular case status updates so you don’t feel ignored.
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Do you represent both employers and workers? Beware any potential conflicts of interest if the attorney works both sides.
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What’s your philosophy on client communication? The attorney should emphasize openness and transparency. You want to be looped in on all developments.
Ask About Fees
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Do you charge hourly fees or work on contingency? Most workers’ comp attorneys work on contingency, taking a percentage of your settlement as payment. There’s usually no upfront cost.
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What are your fee percentages? A typical workers’ comp contingency fee is 15-25% of the settlement amount. Get an exact number.
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Are there any extra costs? Ask if you must pay for expenses like copies, postage etc. These should be covered in the contingency fee.
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Do I owe fees if I don’t win? With a pure contingency fee arrangement, you pay nothing unless your claim succeeds.
Understand the Legal Process
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How does the claims process work from start to finish? A knowledgeable attorney will walk you through what to expect at each stage.
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How long do cases like mine typically take to resolve? An experienced lawyer can estimate based on your injury type and other factors.
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What are my chances of winning? While there are no guarantees, your attorney should provide an honest assessment after reviewing your claim’s specifics.
Ask, too, about how much experience the lawyer has in negotiating workers comp settlements, how (s)he knows when the offer is at its maximum, and whether (s)he can explain the benefits of a lump sum, structured, or compromise-and-release payment.
With the insider perspective an experienced attorney provides, you’ll be equipped to make an informed decision about legal representation and feel confident entrusting your case to the right lawyer. Taking the time to ask key questions helps ensure you don’t have to shoulder the burdens of your work injury alone.
Can I Sue My Employer? How About a Third Party?
As long as you are getting workers’ compensation, you probably can’t sue your employer, though there are a few exceptions.
When you file a workers’ compensation claim, you are starting a formal process that is already set up with your employer for when accidents and injuries happen at work.
Suppose there were any complications involving a third party not affiliated with your employer. In that case, an attorney should provide guidance for filing a lawsuit if need be.
Does It Matter If the Accident Was My Fault?
Workers’ compensation claims in Louisiana don’t depend on who was at fault for the accident like personal injury claims do. It doesn’t matter who was at fault for the accident.
If an employee gets hurt on the job, they are entitled to workers’ compensation benefits, even if they caused the accident.
This is a touchy subject because whenever there is an accident, the people who are hurt naturally wonder if they might be responsible in some way. It’s important to talk to a workers’ compensation lawyer who knows a lot about the case to get more information and help you understand who is at fault.
Workers Compensation Attorney Macon GA – Interview Questions They Can Not Ask You
FAQ
Can you ask about workers comp claims in an interview?
