Do You Need a Workers’ Compensation Lawyer?

Workers' compensation can be a complicated process, but it doesn't have to be. Oftentimes, you may be deemed eligible for workers' comp. without any caveats or pushback from your employer or the insurance company. In that wonderful case, there is no real need for a workers' compensation lawyer who specializes in the field, but things don't always go that way.

Workers' compensation lawyers can be helpful in certain situations such as when there is pushback or denial, or in the event of a more complicated workers’ comp. case. If you're not sure whether or not hiring a lawyer is the right decision for you, discussing your specific case with a workers' comp specialist may be the way to go. Many attorneys offer free initial consultations to help you understand the process and whether or not they should represent your case. 

In this article, we'll go over what a worker's compensation specialist can do for you and why hiring one might be a good idea for your case.

When do you need a lawyer?

If you are injured on the job, it is important to seek legal advice from a workers' compensation lawyer. A lawyer can help you understand your rights and guide you through the process of filing a workers' compensation claim. In addition, a lawyer can help you negotiate with your employer or the insurance company. Likewise, if you are denied benefits, a lawyer can represent you in court.

Many different types of injuries can occur at work. Some of these injuries may not be covered by workers' compensation. For example, if you are injured in a car accident while on the job, you will need to file a personal injury claim, rather than a workers' compensation claim. If you are unsure whether your injury is covered by workers' compensation, it is important to speak with a lawyer.

In some cases, you may not need to hire a lawyer. For example, if your employer offers you a fair settlement, you may not need to take legal action. However, if you feel that your employer is not offering you a fair settlement, or if you have been denied benefits, it is important to speak with a lawyer.

How to find the right lawyer

There are a few things you should look for when hiring a lawyer.

1. You should make sure the lawyer is licensed to practice law in your state: 

If you are looking for lawyers for your case, you need to make sure they can represent you and that they know the laws of your state. Besides being licensed to practice law in a particular state meaning they cannot legally do it in another state, they will also know the specifics of the law for their state. For example, someone who is a lawyer in the state of California knows California law to an incredible degree whereas someone from Arizona might know general workers' comp law but not the specific differences between the two states.

2. You should check to see if the lawyer has any experience handling workers' compensation cases: 

Experience is a big factor in the outcome of your case. While it might be a thoughtful gesture to be a client for someone in their first case, nothing teaches better than experience. Experience also grants a certain level of respect in the field that cannot be achieved right out of the gate. Choose a team that has a proven track record of winning cases since they know how to get the job done which will be good for your compensation prospects.

3. You should ask the lawyer for references from other clients: 

This is a great way to see how they treat a client and get more insight into their process. Even if they have a lot of wins, they may not be the best to work with and that is something that should be weighed when deciding who to pick to represent you. Any lawyer you are considering should be able to provide you with these. If a lawyer is not willing to provide you with this information, it is likely that they do not have them which is a red flag or they are trying to hide bad reviews from you which is also a red flag.

4. You should set up a consultation with the lawyer to discuss your case: 

Meeting them in person is a great way to determine if they will be the right fit for your needs. You can research them all you want and find countless information online but unless you can actually communicate with them directly, there is no way of truly knowing if they will be good for you.

Once you have chosen a lawyer, it is important to maintain communication. You should keep the lines of communication open so that you can ask questions and get updates on the status of your case. If you feel like your lawyer is not communicating with you effectively, it may be time to find a new one.

Choosing the right lawyer can make all the difference in the outcome of your workers' compensation case.

What to expect from your lawyer

When hiring a lawyer, it is important to understand what you can expect from them. Your lawyer should be able to provide you with honest advice and representation and be someone you can trust. They should also be familiar with the workers' compensation process and be able to guide you through it. If you have been injured on the job, your lawyer can help you file a claim and negotiate with the insurance company. They can also represent you in court if necessary.

Likewise, it is important to maintain communication. You should keep the lines of communication open so that you can ask questions and get updates on the status of your case. If you feel like your lawyer is not communicating with you effectively, it may be time to find a new one.

The benefits of hiring a lawyer

Hiring a lawyer can provide several important benefits:

• Lawyers have extensive knowledge of the workers' compensation system- they can help you file your claim quickly and efficiently which is crucial for getting the most out of your medical care and income replacement benefits. Starting the process as soon as possible and as clearly as possible will reap you the most benefits possible.

• Lawyers can help you obtain the maximum amount of benefits possible under the law- you may not know what you are eligible for and therefore can easily be misled or taken advantage of throughout a difficult process but with the help of a qualified lawyer who knows the ins and outs of the system, that is less likely to happen.

• Lawyers can represent you in court if they need to appeal a decision or dispute a benefit determination- they know the law and the appeals process can be even more complicated than filing a claim in the first place so having a team to guide you through that is a valuable asset.

• Hiring a lawyer often provides peace of mind during a difficult time. Getting hurt on the job is a serious issue to both your physical and mental health and having to take on the claims process during that can be overwhelming. With a qualified team of lawyers on your side, it can help you rest easier knowing you're in the best hands possible to get you the compensation you deserve.

The costs of hiring a lawyer

One of the biggest benefits of hiring a workers' compensation lawyer in California is that there is only a 15% attorney fee and that is only paid if you win. Not only does this give you some peace of mind in the matter of whether or not you can afford a lawyer, but it also incentivizes your lawyers to fight as hard as they possibly can for you to win your case. They want you to succeed not only because you deserve it, but because they don't get paid otherwise.

Workers' compensation lawyers are an important part of the process when filing a workers' comp claim. They can provide expertise and support throughout the entire process, from gathering evidence and filing paperwork to negotiating with insurance companies. Additionally, they can help you understand your rights and options under workers' compensation law. If you're considering filing a workers' comp claim,  consult with the team at Cole, Fisher, Cole, O’Keefe and Mahoney to make sure you have the best chance of getting the benefits you deserve.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.