If you have been injured on the job, dealing with a workers compensation claim can be an overwhelming process. However, hiring the right workers compensation attorney can make a huge difference in getting you the benefits you deserve. As a victim of a workplace injury, it is important to understand your legal rights and options when choosing representation. This guide will help you identify the key factors to consider when selecting a workers compensation attorney to handle your claim.
Their Experience with Workers Comp Cases
Experience should be one of your top priorities when choosing a lawyer. You want someone who has handled numerous workers compensation cases similar to yours and understands the ins and outs of the claims process. An experienced attorney will know how to properly file paperwork, which medical evidence to submit, how to negotiate with insurance adjusters, and when to push back or litigate if needed. They will also be familiar with the judges and personnel involved. You don't want an attorney just learning the ropes on your case. Ask potential lawyers about their history representing injury victims and request references from former clients.
Success Rate and Reputation
In addition to experience, research a lawyer's track record of success. A good workers compensation attorney should be able to provide statistics on the percentage of cases they have settled versus had to litigate. You also want one known for negotiating strong settlements and awards on behalf of their clients. Check online reviews and look for recognition or awards from legal organizations. Word-of-mouth is another great resource. If coworkers or friends have used a particular lawyer, get their honest opinion on services provided and outcome of the case. A positive reputation suggests the attorney knows how to aggressively pursue benefits while also building rapport with insurance carriers and judges.
Comfort Level and Communication
When dealing with an injury, it's important to feel at ease with your representative. Take time during initial meetings to assess how easy the lawyer is to talk to and understand. They should make you feel heard and address all questions in a clear manner. It's also beneficial if an attorney responds promptly to phone calls or emails as your claim progresses. Poor communication could lead to misunderstandings or delays down the road. Ideally, you want someone you like and trust to handle your important workers compensation case and have your best interests at heart. Don't be afraid to switch lawyers if you don't feel fully supported by the one you first choose.
Dedication to Workplace Injury Cases
While general personal injury attorneys may handle some workers compensation matters, it is preferable to seek out a lawyer whose sole or primary focus is on representing injured workers. They will have deeper familiarity with the unique legal issues and regulations involved in these types of claims compared to a lawyer who only dabbles occasionally. Dedicated workers compensation attorneys also stay up-to-date on the latest case law, statute changes, and claims processing advances more so than a general practitioner. Your claim may involve complex benefit determinations or litigation where specialized experience truly makes a difference in procuring all compensation owed.
Costs and Payment Options
Most workers compensation attorneys work on a contingency fee basis, meaning they only get paid a percentage if your claim is successfully settled or awarded. This allows injured employees to obtain representation without large upfront costs. Typical contingency percentages range anywhere from 20% to 40% depending on individual firm policies and case details. However, you still have a right to understand potential litigation expenses and payment plans upfront. Reputable firms will be transparent about all associated costs. You also want a lawyer willing to work with you if unexpected financial hardships arise throughout the process. Overall, focus on value over lowest stated fees when choosing legal counsel.
Location and Accessibility
Unless your claim involves substantial travel for appointments or hearings, it is best to work with a workers compensation attorney located reasonably close to your home or place of injury. This provides convenience for in-person meetings as needed. You also want assurance the lawyer or supporting staff members can easily take your calls during regular business hours regarding case status or questions. Having a local representative builds accountability and is more likely to handle any issues promptly in comparison to someone states away. Physical proximity especially matters if depositions or court appearances become necessary down the road.
If hurt in a Pennsylvania workplace, the following signs point to a capable workers compensation attorney to represent your best interests:
- More than 10 years representing injured employees
- Numerous positive online reviews from prior clients
- Located within 30 minutes of your town
- Board-certified specialist in workers compensation law
- Member in good standing with state bar association
Be sure to meet with several candidates before deciding. Trust your instincts and choose the one you feel most understands your specific case and will go above and beyond to ensure you receive all compensation owed by law due to your workplace injury.
Research Resources Before Reaching Out
Prior to contacting potential workers compensation attorneys, take time to perform your own online research about the claims process. Reading up on typical injury types, benefit categories, employer responsibilities, and disputed issues can help you start building your case and identifying missing documentation. Knowledge is power when dealing with insurance companies. For Pennsylvania residents, studying statistics on average settlements and review boards on the Department of Labor's website proves helpful as well. Additional preparation regarding critical details like accident date, injuries sustained, missed work, and previous medical treatment records helps attorneys quickly evaluate case merits.
Reputable workers compensation law firms also maintain informative websites describing common claims scenarios. Reviewing client testimonials and articles on the blog section grants insight into how experienced lawyers have assisted others through the process. Worksmartpa.com serves as a top statewide resource for learning rights and procedures. Once you gain preliminary background, reach out to potential representation armed with basic questions. Going into initial consultations informed saves valuable time and allows assessing counsel based on expertise rather than briefing from scratch.
Provide Full Disclosure to Your Attorney
In any legal matter, full honesty and disclosure between a client and their attorney is crucial. When first meeting with potential workers compensation attorneys, be upfront about all accident and injury details without omitting facts, no matter how minor they may seem. Lawyers need a complete picture to advise the best path forward and properly represent your interests. This includes sharing preexisting medical issues along with relevant personal information like any prior or current claims that could impact benefits received. While discussions with counsel remain confidential, withholding important details could later undermine a settlement or case. Taking a cooperative approach allows experienced representation to concentrate efforts where it counts most.
Stay Informed and Involved Throughout the Process
Once selecting qualified legal counsel to handle your workers compensation claim, maintain open communication by responding promptly to attorney calls and messages. Participate in key case strategy discussions and stay up-to-date regarding any important documentation requirements or scheduled appointments. Don't hesitate to ask questions about evolving claim status, benefits awarded, or negotiation tactics. Staying engaged shows commitment while also holding representation duly accountable. Request regular status updates until reaching final resolution whether through settlement or litigation. An informed client best assists dedicated counsel in maximizing a claim's successful outcome.
Seek Alternate Resolution if Challenges Arise
On rare occasions, communication breaks down or unresolved challenges materialize between a client and their workers compensation attorney. If issues crop up regarding responsiveness, preparation, actions taken, or other concerns, address problems respectfully with counsel first. Give opportunity for explanation and remediation where reasonable while also considering a second opinion. Should irreconcilable differences persist, prompt termination allows pursuing new representation able address remaining claim proceedings positively. While switching attorneys comes with some unavoidable delays, protecting legal rights and procuring justice for workplace injuries remains the top priority through fair yet assertive advocacy.
With strategic preparation and selection of a dedicated workers compensation law firm to champion your cause, injured employees gain the best possible opportunity for achieving complete benefits owed promptly and justly according to Pennsylvania statutes.