OFTEN when someone is injured at work one expects the employer to “do the right thing” by assisting you with the process, making sure that medical treatment is timely provided and to help you get back to work as soon as possible. At first this may be the case, but as a claim matures you may find it increasingly difficult to get the simplest benefits and may feel as if you are being treated unfairly.
Of course, you are not required to hire an attorney because you have a work related injury or workers’ compensation claim, and the law permits you to represent yourself (in pro per). However, if your injury involves more than just first-aid treatment, or you do not expect to make complete recovery, or you are having a difficult time understanding the process then you may want to consider hiring an attorney to handle your claim.
How can an attorney help me?
Most workers’ compensation attorneys will not charge you for an initial consultation. When you do see an attorney for the first time, it is important that you bring with you all relevant documents and records related to your claim and to be honest and frank with the attorney.
The job of your attorney is to: 1) protect your rights and interests; 2) be your advocate and explain your case to you; 3) represent you in dealing with the insurance company, their attorney, and hearings before the court; 4) investigate and gather information; 5) obtain benefits on your behalf; 6) inform you of additional claims and benefits that may be available.
Once you are represented by an attorney, communication with the insurance company or defense attorney will be through your attorney and they can no longer speak directly to you about your case.
How is the attorney paid?
There are no out-of-pocket fees or costs to hire your attorney, nor are there any court fees to file your case. Most attorney’s fees are limited to a maximum of 15% of any award or settlement and need to be approved by the Workers’ Compensation Judge before the attorney can be paid. The attorney cannot settle your case without your permission first or force you to do so. If there is no award or settlement, you are not responsible for any attorney’s fees.
What if I already have an attorney?
You may be discouraged by the lack of communication from your attorney and the amount of time that has elapsed. This may not necessarily mean that your claim is not going well. Unfortunately, the workers’ compensation process is often complicated and time consuming and not hearing from your attorney may mean that there is no change in status since the last time you talked.
However, if you already have an attorney, but for some reason are not satisfied, you are entitled to change your attorney at any time during your case and may consult with another attorney in order to do so.
Disclaimer:
None of the information herein is intended to give legal advice for any specific situation and no attorney-client relationship is, or shall be established, with any reader.