Legal disputes concerning injuries at work can be complex, in some instances. Often, third-party insurance service providers have their own interests and will ask the injured to jump through hoops before providing compensation for damages.
In some cases, the injured worker may not be satisfied with the claims offered by the insurance company, and this is where it can get really tricky.
If you want to optimize your work injury claims, or feel that you’re being shortchanged, hire a skilled work injury lawyer to represent your interests in court. However, before hiring a legal counsel who is adept at workers’ compensation laws, consider asking the following questions:
- Do You Offer Free Consultation?
Part of the preparations in filing a personal injury case is to consult with a lawyer familiar with the workers’ compensation laws. An injured employee has likely spent for medical bills and other related costs. It’ll be an added burden to spend for a few hundreds more.
Ask the lawyer if you can visit the office for a confidential preliminary discussion. An attorney should be able to help you decide whether a legal action is the best course for you. While in a huddle with the lawyer, see how they answer the questions. Assess how you feel about working with the attorney of your choice. Often, this is more important than professional certificates and other qualifications.
- How Much Do You Charge?
Most workers’ compensation lawyers work on a ‘contingency fee’ basis. This means the counsel will only receive payment from you until you’ve won the case and have been awarded damages.
This is good news for injured workers who don’t have to pay substantial costs in order to access legal services. On the other hand, this also gives lawyers enough motivation to push for their client’s interests and win the case.
Injury work lawyers or workers’ compensation attorneys often charge anywhere from 10% to 20% of the total settlement costs. Lawyer’s fees typically depend on the complexity of the case and the caps imposed by the state, as well as the approval from a workers’ compensation judge.
However, don’t just assume you won’t pay out-of-pocket costs as some may actually charge contingency fees, such as filing and evidence-gathering costs, even if you lost the case.
- What Is Your Current Caseload For Workers’ Injury Cases?
Asking this question is one way of finding out many things. First, it’ll give you an idea of how reputable the firm may be. It’s important that the attorney isn’t only familiar with the employment law, but your legal counsel should have had experience with complicated and special cases under the said branch of law.
There are many reasons why an organization may or may not have a high number of clients. It’s possible, for instance, that the firm imposes a cut-off on the number of clients to manage the case load more efficiently. In the same manner, a lawyer who has an overflowing number of cases might put into question the quality of legal services they provide.
- How Much Time Can You Allot For My Case?
You should choose an attorney who can provide the best effort and time in defending your interests. This is true, especially if you’re embroiled in a complex case as this may require a longer time to be resolved. Workers’ compensation cases may take a few months or years to settle.
Make sure you have a lawyer who has enough resources to devote to your issue. Doing this is crucial as few attorneys may take many cases in the hopes of hitting the jackpot in one of these lawsuits.
In the same manner, you don’t want to waste time waiting for your case to get going. Ask your counsel how the process goes and which stages are involved as far as your case is concerned.
- How Long Do Cases Like Mine Take?
The time it takes for a lawsuit to be settled hinges on several factors, and no two cases are ever the same. However, lawyer who’s experienced in handling workers’ compensation cases will be able to provide you with a rough estimate.
It may be safe to assume that cases of this nature last anywhere from six months to one and a half years. Make sure to express your concerns. At the same time, ensure that both you and your lawyer are on the same wavelength to resolve the case as soon as possible.
- Is My Case Unique Or Have You Handled Similar Cases Before?
Find out if the lawyer has had the experience of representing (and winning) cases of similar nature before. You’d only want to put your trust on a legal expert who’s had a wealth of experience in various workers’ compensation cases instead of one who’s an expert in product liability or car collision lawsuits.
While you’re at it, you can ask the lawyer for the success rate of cases in general and for workers’ compensation lawsuits, specifically. You’d have to make sure the attorney you’re hiring has had success in the majority of the cases.
- What Is Expected From Me?
Even if the lawyer is obligated to present your interests before the courts, it doesn’t mean you don’t have to lift a finger. In fact, your support is key to winning the case. Ask you lawyer which documents are needed as proof or evidence to strengthen your case. Also be clear whether you need to be present in all court hearings and meetings. Often, the answer is no. But, if you want to be involved, you may need to negotiate with your lawyer.
Asking which documents to bring is an important question to raise prior to your meeting. The law firm representative may ask you to take your pay slips, medical certificate, hospital bills, and other records with you.
As a side note, try to ask your lawyer if they can refer a former client. This may not be ethical and you may get a negative answer, but as with other things, there’s no harm in trying. And, if you do get a chance to talk with a former client, ask as many things as you can about the how the case went and how the firm handled the case.
The Wrap Up
While the laws are often protective of workers’ rights, it’s not always guaranteed. In these special cases and other complicated situations, you need the help of a lawyer who’s not only professional but one with whom you can work closely.
To be safe, interview at least two workers’ compensation attorneys before choosing who to trust. Choosing a legal representation is an important decision in that a competent legal counsel can get the compensation you deserve, and maybe more.