Ins and Outs of Hiring a Workers Compensation Attorney

The Ins and Outs of Hiring a Workers Compensation Attorney

You got injured on the job — now what? Finding the next step to take is not always easy. From dealing with complicated paperwork to weeding out legal jargon, if you’re not properly prepared, it’s easy to become overwhelmed. The good news is that everyone is entitled to a free consultation with a workers’ compensation attorney who can help you better understand the process.

Why Do Injured Workers Need a Workers’ Compensation Attorney?

It’s natural for injured workers to question the need for a workers’ compensation attorney. But legal representation may help you successfully appeal, get benefits faster, and even increase your settlement amount.

A workers’ compensation attorney can help you in several ways, which we’ll explain below.

1. Help filing your initial claim with your employer’s insurer.

Workers’ compensation cases are not always as straightforward as they seem. Any mistake could leave you with a mountain of medical expenses to pay for out of your own pocket. For example, federal workers all have set guidelines to follow when making workers’ comp claims. What’s more, workers’ compensation laws vary from state to state, and no two states’ processes are identical. How you file with your employer’s insurance company in Washington, D.C. isn’t the same process as Virginia. In some states, your workers’ comp insurer chooses which doctor can provide your medical treatment. Other places, you can see your own doctor or the nearest medical provider.

Workers’ comp lawyers are aware of this process and can provide those applicants with tailored support. An experienced workers’ compensation attorney will also know your legal rights and how much compensation you may qualify for. Knowledge like this can better guarantee the insurer does not deny or otherwise minimize your workers’ comp claim.

A 2018 study found injured workers with a workers’ compensation lawyer received much more compensation than those without. How much more? Workers’ comp settlements for people without attorneys in the study averaged around $15,936. An injured worker with a workers’ comp lawyer that year received $77,807 by comparison, including 284% more paid time off.

Why Injured Workers Still Need an Attorney

A legal professional should always file your work injury claim if you want a fair settlement offer the first time. And if your employer denies you benefits (or refuses to file), consult an experienced attorney right away for free!

2. Denied benefits the first time? A workers’ comp lawyer can handle your appeal.

It’s no secret that the appeals process has its own set of challenges. These hurdles are often too daunting for injured employees to tackle alone. In some states, workers’ compensation insurance companies deny up to 50% of claims. An experienced workers’ compensation lawyer can help you get the care you need, when you need it.

Here are some examples of when injured employees may need a workers’ compensation attorney:

  • You have a pre-existing condition. In many states, blaming work-related injuries on prior medical issues is the number-one reason for denied workers’ comp claims.
  • You’re not an American citizen. Green card holders and H1B visa workers are entitled to pursue benefits for workplace injuries. And in many states, undocumented injured workers can also qualify for workers’ compensation.
  • Your employer’s insurance company doesn’t make a fair compensation offer or forces you back to work too soon. If going back makes your work injury worse, a workers’ compensation lawyer can potentially get you more time off to recover. And if the insurance company lowballs your settlement offer, a workers’ compensation attorney can negotiate more money for future medical expenses and lost wages.
  • You have a workers’ comp hearing or deposition coming up. Insurance companies always have legal professionals ready to represent their side, so you need an experienced attorney, too. Attorneys can provide other benefits, like telling you what questions they’ll ask and how to answer them. They can also secure medical experts to testify on your behalf, if needed.
Denied Benefits the First Time? We Can Help

Pro Tip: If your employer retaliates in any way after you file, you must speak to an employment attorney instead. A workers’ comp lawyer cannot help you get your job back if your employer fires you or reduces your hours. To talk to an employment attorney for free at any time, call 866-938-1066.

How Much Will A Workers’ Compensation Lawyer Cost?

When you’re out of work due to a workplace accident, staying afloat financially suddenly turns into your top priority. That’s exactly why many feel like hiring an experienced workers’ compensation attorney is out of reach.

Thankfully, workers’ compensation attorneys work on a contingency basis. This means there are no out-of-pocket costs and your attorney’s payment is $0 unless you win compensation. Working on contingency is also a huge incentive for your attorney to try and maximize your settlement offer. This is because an attorney will usually take a percentage of your total settlement amount.

However, we should also point out that most workers’ comp attorneys are some of the most affordable to work with. In most states, workers’ comp attorneys charge about 15% in fees, on average. Some only charge 10%, and in just a few states, workers’ comp lawyers charge up to 25% (i.e., Texas).

Since all workers’ compensation lawyers in our network offer a free consultation, this is a great question to ask when they call you.

How Much Does a Workers' Compensation Attorney Cost?

How to Get Free Expert Workers’ Compensation Claim Help

If a workers’ compensation lawyer best fits your needs, it’s important to make sure you are prepared for your initial meeting. Don’t be shy — ask your workers’ compensation attorney for information about the process and procedure. The better you understand the timeline, then the more prepared are for the road ahead. You should also ask about any additional fees associated with their services. This includes what percentage of your award workers’ comp lawyers charge in your state. Knowing this ahead of time may help prevent any unwanted surprises.

Best of all, if you don’t receive compensation, your workers’ compensation lawyer gets $0. Don’t get stuck paying those medical bills yourself — consult a workers’ compensation attorney for free instead.

Want to speak with a legal professional for free about your workers comp claim? Click the button below now to start your free case evaluation and see if you may qualify:

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Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as, Yahoo!, MSN, AOL, Xfinity,, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.