Get answers to these questions when interviewing potential work injury attorneys
When you get hurt on the job or are diagnosed with an occupational illness, it can be a confusing and chaotic time. Most folks have lots of questions and they need advice from a legal professional. But finding the right attorney is the first step, and this challenge alone can seem overwhelming at times.
When consulting with a workers’ compensation lawyer, it’s important to understand the best questions to ask a lawyer during your initial consultation.
Q: Do I need an attorney for my workers’ compensation case?
One of the first questions to ask a potential lawyer is whether you actually need legal representation. You may not need an attorney if, for instance, your injury has already healed completely or if you didn’t need to miss more than a few days of work as a result of your injury.
However, you may need representation if your claim was denied or if you are experiencing trouble in receiving compensation for medical expenses.
Q: Am I eligible for workers’ compensation benefits?
Before you proceed with filing a workers’ compensation claim, you need to determine whether you are actually eligible for benefits. Beyond that, you need to know whether you qualify just for medical benefits or whether you also qualify for disability benefits.
Keep in mind that if you were unable to work as usual due to your injury, you may qualify for compensation for missed wages. Even if you were not forced to miss time from work, you may still be able to receive medical benefits.
Q: What if I was at fault?
Unless you were involved in some type of extreme behavior that directly led to your occupational injury, you should still be entitled to receive workers’ compensation benefits. Nevertheless, asking your attorney this question is important.
Q: What benefits am I eligible for through workers’ compensation?
When you are injured at work, the medical bills should be covered and you may be eligible to receive compensation for lost wages. In the event of injuries that extend beyond a temporary nature, you may be eligible for permanent disability benefits.
Your attorney will be able to give you more specifics though based on the specific facts of your case.
Q: Will there be a hearing?
Each workers’ compensation case is different. For this reason, it can be difficult to make predictions regarding whether there will be a hearing or not. In most cases, your attorney will be able to negotiate a fair settlement with the claims administrator that will help you to avoid the expense and stress of a hearing.
Q: How long will it take to settle my claim?
Due to the unique nature of each case, it’s difficult to know exactly how long it will take to settle your case. It’s important to remain patient, particularly if you have experienced a long-term or permanent injury.
You certainly don’t want to settle too early and possibly run the risk of missing benefits that are due to you. An experienced workers’ comp attorney can assist you in determining the appropriate time to settle your case.
Q: How much experience do you have?
Another important question to ask when hiring a workers’ compensation lawyer is how much experience they have. What’s their track record? There is too much at stake with your claim to leave it in the hands of an attorney who doesn’t have the experience and proven results to properly handle your case.
Q: Have you handled workers’ comp cases before?
Beyond finding out how long the attorney has actually practiced law, you need to find out whether the attorney has handled workers’ comp cases, in particular. If so, how many such cases have they handled? If the attorney hasn’t handled a significant amount of workers’ comp cases, then they may not be able to provide you with the best representation.
Furthermore, you need to find an attorney who has specific experience in negotiating with claims administrators and insurance companies.
Q: Have you handled similar cases?
Go one step further and find out whether the attorney has experience in representing work injury cases similar to your own. Ask about the major obstacles their clients with similar injuries faced, and how they were able to overcome these challenges. How did those cases turn out?
Q: How many cases have you represented successfully?
You will also want to learn as much as you can about the attorney’s success rate. Simply because an attorney has handled workers’ compensation cases, even if they were similar to your own, that doesn’t necessarily mean the attorney was successful in representing those cases.
The ideal attorney should be skilled at handling negotiations as well as representing workers’ compensation cases in court.
Q: Will I work with you directly or will someone else handle my case?
It’s not uncommon for case managers or paralegals in some law firms to handle a significant amount of a case. It’s important for you to understand exactly who will be handling your case and how much interaction you can expect to have with your attorney throughout your case.
Q: How frequently do you take cases to a trial or hearing?
Generally, settling a workers’ comp claim before a hearing is preferred because it avoids the cost, time and hassle of a trial. However, you should know that the lawyer is prepared to actually take the case to a trial if it’s deemed necessary to do so.
Are you still uncertain about which questions to ask when interviewing a workers’ compensation lawyer?
