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What Does a Workers Compensation Attorney Do?

Have you been injured at work? Are you wondering what a workers’ compensation attorney does?

Your employer may have workers’ compensation insurance available in case someone gets injured at work. The benefits you receive, however, may not be enough to help you fully recover from your injury.

This is where a workers’ comp lawyer comes in. 

You may be wondering “what does a workers comp attorney do?”

Here’s what you need to know about the skill set of comp attorneys.

If Your Claim Gets Denied

If you’ve gotten injured and your claim gets denied, it’s not time to give up. Hiring a compensation lawyer means you’ll have the best chance of getting the benefits you’re entitled to.

You may, for example, be eligible for permanent disability benefits. Or you may be entitled to medical benefits or wage reimbursements for pay you lost while you were unable to do your job. 

If you’re in need of additional funds for your recovery, a qualified worker’s compensation attorney is the best way to make sure you present a good case and secure a settlement.

Free Consultation

Many workers’ comp attorneys offer free consultations in which you can get to know the attorney and whether or not they’re a good fit for you.

This is a great place to ask your workers comp questions and find out if you have a case. You can also find out how much experience your prospective attorney has when it comes to workers’ comp law.

Ask them what percentage of their caseload is devoted to workers’ comp cases. See if they can give you an example of a case similar to yours that they won. What was their strategy?

Check out your attorney’s online reviews and find out what others are saying. You can also ask for references and get a personal account of a former clients’ experience.

Gathering Documentation

The first thing your workers’ comp lawyer will help you do is to gather documentation related to your case. 

You may have had your claim denied because of insufficient evidence. The right attorney will help you develop a good case with the right paperwork.

They may help you gather medical records or obtain them through an independent medical exam. Or they will conduct depositions of various medical experts. Verbal statements from experts about the physical demands of your job or evidence of your employers’ lack of attention to safety concerns will also help your case.

If you’ve lost wages due to your injury, you’ll likely need to provide past pay stubs and employment records as evidence that can be used to help you.

Negotiating a Settlement

A good workers’ comp attorney is your best chance at negotiating a settlement that best suits your needs. Workers’ comp laws vary from state to state, and there are also federal regulations. The right attorney will know which laws apply to your situation, and how your case should best be handled.

An experienced workers’ comp attorney can estimate what you should receive based on a number of factors. These include the extent of your injuries, your medical expenses, and the extent of your permanent disability. They should also be able to estimate the number of wages you’ve lost due to your injury.

Attorney Duties

Your attorney has certain obligations to you until you work out a settlement. Naturally, they’ll need to lead you through the claim process and answer any questions you have in an understandable way.

They’ll need to communicate with supervisors on your behalf and represents your interests in arbitrations.

If you have a personal injury claim against a third party, your lawyer can advise you about how to proceed. You may, for example, be injured by a piece of faulty equipment. 

If necessary, your lawyer will need to represent you in a court of law.

If Your Case Goes to Trial

In some cases, it may be difficult to reach a settlement. Your attorney will need to do the necessary research and take depositions of witnesses. 

They will write your petitions appropriately and ensure that everything you need gets submitted on time. During the hearing, your attorney will need to make opening and closing arguments. They will also questions witnesses and raise objections when appropriate.

Finding the Right Workers’ Compensation Attorney

You may want to start your search for an attorney by asking trusted friends and family for recommendations. Don’t be afraid to ask questions.

Did the lawyer get them a settlement, or did their case end up going to trial? Was the lawyer always respectful and professional? Were they happy with the outcome? 

You’ll want to hire a local lawyer, as these folks will have the best knowledge of the laws in your area. You’ll also want to make sure your lawyer’s fees are reasonable.

Get at least three different estimates for your case before you decide who you want to hire. Make sure that what you’ll be paying is in line with what other attorneys in your area are charging.

The right attorney will give you an outline of their fee schedule in writing. Make sure they explain anything you don’t understand. You won’t want to get any surprises in terms of fees along the way.

Get Moving

The right workers’ compensation attorney could mean the difference between a speedy recovery and a disaster. If you need money to help you recover your expenditures for  your medical bills and lost wages, don’t hesitate. A qualified lawyer can help you get the funds you need and move on with the rest of your life. 

Don’t stop improving your lifestyle now. For more great advice, read our blog today.

Written by George K.

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