A workers’ compensation attorney represents their client with the insurance company. In cases where an injured worker is eligible to file a lawsuit (sometimes in addition to a workers’ comp claim), the lawyer leads the lawsuit on their client’s behalf. If such a lawsuit goes to trial, an attorney represents their client in court.
Your lawyer’s mission will be to obtain fair compensation for you. They will value your losses, determine how much the insurer (or other liable party) owes you, and fight for the settlement you deserve.
Who Should Hire a Workers’ Compensation Lawyer?
If you have suffered harm while on the job (or as a result of your job), you may benefit from hiring a workers’ compensation attorney. More specifically, you should consider hiring a workers’ comp lawyer if you:
- Suffered an injury while on the job
- Suffered an injury going to or from your job
- Became sick due to circumstances related to your work (like exposure to toxic substances)
- Lost a loved one because of a work-related injury or illness
Workers’ compensation lawyers often navigate the insurance system to secure compensation for their clients—as the term “workers’ compensation” suggests. These lawyers can also file a lawsuit when clients are eligible to do so.
If you have suffered direct or secondhand harm because of a work-related injury, illness, or death, you should speak with workers’ compensation lawyers serving your area.
Common Injuries and Illnesses That May Lead You to Hire a Workers’ Comp Lawyer
Many clients hire a workers’ compensation lawyer after suffering a work-related injury or condition, which includes:
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Amputation injuries
- Eye and other facial injuries
- Injuries affecting the inner ear (which can cause hearing loss and other serious symptoms)
- Injuries affecting internal organs
You may also hire a lawyer to seek compensation if you or a loved one becomes sick because of work-related conditions, like exposure to toxic substances. Work-related illnesses can include:
- Asbestosis, silicosis, and other conditions affecting the lungs
- Cancer
- Skin conditions
- Cardiovascular conditions (which can result from stress)
- Carpal tunnel syndrome
- Mental health disorders
- Neurological conditions
A worker died every 96 minutes because of a work-related injury in a recent year. Even more workers died from illnesses and suffered non-fatal injuries. Yet, too many of these victims (and loved ones affected by deaths) did not receive the compensation they deserved.
Allow an experienced workers’ compensation attorney to insist you receive fair compensation. You have one opportunity to secure compensation covering your current and future losses; a lawyer will make the most of that opportunity.
Challenges That May Prompt You to Hire a Workers’ Compensation Attorney
Before exploring exactly what a workers’ compensation lawyer can do for you, we must recognize the challenges that you may face because of a work-related injury, illness, or wrongful death. These difficult realities may include:
- Physical pain, which may limit you physically, contribute to mental health deficits, and prevent you from giving your all to building an insurance claim
- Immense stress, which may reduce your capacity to handle the demands of an insurance claim (and require you to seek time-intensive mental health services)
- Financial insecurity, which is unavoidable for most who are unable to work, facing medical expenses, and are uncertain about their financial future
- Unfamiliarity with the workers’ compensation process, as many lawyers find that clients are seeking workers’ compensation for the first time in their lives (and, even if they aren’t, each new claim is a new experience with new challenges)
- Bad-faith tactics from the insurance company, which can include deception about the compensation you deserve, allegations that you were impaired or engaged in horseplay, lowball settlement offers, and many other strategies meant to withhold fair compensation from you
Workplace injuries have trended upward over the past few years, meaning insurance companies may have faced an increasing volume of claims during that time (and may still be). These companies lose when they have to pay out money, so you should expect pushback when seeking fair compensation for an injury, illness, or wrongful death.
The Benefits of Hiring a Workers’ Compensation Attorney
In light of the challenges you may be facing, hiring a lawyer may be a clear solution. You may not have the capacity to handle the stress and demands of an insurance claim, and you may not have the legal background to lead a lawsuit—an attorney can do both.
In addition to avoiding stress and prioritizing your recovery, you may hire an attorney because:
- You want to use a lawyer’s expert network: Attorneys provide many resources in addition to their representation. One of those resources is a network of experts, which they may leverage for your benefit. Such resources come included with a lawyer’s contingency fee, which they only receive if they secure compensation for you.
- You want a law firm’s financial support: Workers’ compensation lawyers earn their fees by securing settlements and jury awards for their clients. Therefore, it is in the law firm’s interest to put together the strongest case it can—and it’s the firm’s duty to pay for that case upfront. This arrangement will take the financial burden of building your claim off of you.
- You want a lawyer’s guidance and advice: A lawyer’s guidance alone may be well worth their fee. This is particularly true if you have never filed a workers’ compensation claim before (though a lawyer’s advice is priceless in every case). Valuable as it is, your attorney’s insights are just one of many benefits they provide.
- You may be eligible to file a lawsuit: Some who suffer work-related injuries and illnesses can file a lawsuit against a liable third party. If this option is available, always have an experienced lawyer leading the way. Lawsuits are highly technical, so a lawyer’s legal training and experience may prove crucial to your lawsuit’s success.
The outcome of your workers’ compensation claim (or lawsuit) can have massive implications for your future. You deserve complete financial coverage for medical costs, a portion of your lost income, and all other covered losses. Your lawyer will seek to ease your mind and protect you financially with a fair settlement.
Won’t the Insurance Company Pay the Money I Deserve? Why Do I Need a Lawyer?
Unfortunately, insurance companies have financial incentives not to pay injured and sick workers fairly. If an insurance company can get away with paying less money than you deserve, you should expect that it will.
Your attorney will protect you from insurance companies by:
- Studying the workers’ compensation insurance policy and noting portions that entitle you to compensation
- Insisting that insurers move forward with your claim as quickly as possible
- Obtaining convincing proof of your losses so the insurance company cannot contest the value of your claim
- Negotiating steadfastly for the compensation you deserve
Critically, your lawyer will handle all communications with the insurance company. This will prevent insurance representatives from misleading you, trying to convince you to accept a lowball offer, or undermining your claim in any other way.
Duties That a Workers’ Comp Lawyer Will Perform for You (or a Loved One)
In addition to dealing with and protecting you from insurance companies, your lawyer will oversee every other aspect of your workers’ compensation claim. Completing a successful claim generally requires an attorney to:
Investigate How Your Work-Related Injury or Illness Happened
An attorney will seek out work records, video footage, and any other evidence that is relevant to your workers' compensation claim. Even though workers’ compensation claims are usually paid regardless of who is at fault for an injury or illness, your lawyer must know relevant details to build your claim effectively.
Document the Losses You’re Seeking Compensation For
The point of your workers’ compensation claim will be to secure money for your losses, so they need to document those losses. A compelling claim may require:
- Detailed medical records
- Medical professionals’ detailing of future healthcare needs
- Income statements from before you became sick or injured (this will establish the value of your average weekly earnings)
- All medical bills related to the work-related injury or illness
If you have lost a loved one because of an ailment related to their work, your attorney will obtain all relevant documentation. Such documentation may include:
- Funeral-related invoices.
- Medical bills.
- Projections of income they should have earned if living.
- Several other materials.
Complete Settlement Negotiations (After Establishing the Value of Your Losses)
Your attorney will document your losses, determine the total financial cost of those losses, and compose their settlement demands. While many workers’ compensation claims settle, your lawyer will work to ensure any settlement you accept is undoubtedly fair.
Settlement negotiations often require a workers’ comp lawyer to:
- Identify the details of the insurance policy that entitle their client to compensation
- Establish that the client was not impaired or engaged in horseplay at the time of the accident
- Present convincing proof of the client’s losses
- Justify the amount of compensation they are seeking (perhaps by explaining their calculations)
- Directly address any resistance the insurance company poses to the lawyer’s settlement demands
An attorney will stand tall and fight for your best interests. During a time when you may not be physically or psychologically able to fight for yourself, a lawyer’s service may prove priceless.
Lead Any Third-Party Lawsuit You File
If you are eligible to sue a third party whose negligence contributed to your work-related injury or illness (or a loved one’s death), your attorney will handle the lawsuit for you. Lawsuits can be more complicated than workers’ comp claims because:
- Any interaction with the civil justice system requires knowledge of the law and procedures
- Lawsuits must be filed within a specific timeframe, and a lawyer’s familiarity with filing suits will allow them to act quickly
- Successfully completing lawsuits requires technical knowledge and a real-world understanding of how the justice system works
A lawyer will be of value whether you file a claim or pursue a lawsuit.
Fight for You at Trial, If Your Case Goes to Court
If you file a lawsuit and your case goes to court, your attorney will take the point. They will create a strategy for winning at trial, represent you in court, and argue for a jury to award you a fair judgment.
Some Injured and Sick Workers Pursue Both Insurance Claims and Lawsuits (a Lawyer Can Assist with Both)
In some cases, an injured or sick worker can file both a lawsuit and a workers’ compensation claim. For instance, if you suffered an injury in a routine work-related accident, but defective safety equipment made an injury worse, you might file a lawsuit against the equipment manufacturer (while also filing a workers’ comp claim).
Every workers’ comp claim and lawsuit can be complicated, time-consuming, and stressful. If you need to file both a claim and a lawsuit, your case’s difficulty may increase significantly. In any case, let a lawyer take the high-stakes responsibility of your case off your hands.
What Losses Does a Workers’ Comp Attorney Seek Compensation For?
Workers’ compensation insurance typically provides compensation for:
- All medical bills: Workers' compensation should cover 100 percent of your medical bills. Your attorney will work with your doctors to value your healthcare needs.
- A percentage of the claimant’s lost earnings: You can typically seek compensation for three-quarters of your average weekly income, up to any coverage limits imposed by state law or an insurance policy.
- Some other losses: You may be entitled to compensation for vocational retraining and certain other losses, and your lawyer will include those losses in their settlement demands.
Those who file a lawsuit may seek compensation for pain and suffering, lost income, and certain other recoverable damages. In wrongful death cases, plaintiffs can pursue compensation for funeral expenses, lost financial support, and other economic and non-economic damages.
When Should I Hire a Workers’ Compensation Attorney?
Hire your workers’ compensation lawyer as soon as possible. Both claims and lawsuits are urgent priorities and can have reporting and filing deadlines. Find a well-reviewed, proven workers’ compensation lawyer and hire them soon.
