Pros And Cons Of Hiring A Workers’ Comp Attorney

pros and cons of hiring a workers' comp attorney

Pros and Cons of Hiring a Workers’ Comp Attorney: Do you know that you can engage in a lawsuit if you get injured at your workplace?

If not, here are all the benefits and drawbacks of engaging in one. Workplace cultures vary and so are the working types.

If you are into something risky, it is evident that you might get injured at some point.

Or even if you feel someone at your workplace can cause your job loss. Thus, it is important to know the pros and cons of hiring a workers’ comp attorney.

Who Is A Workers’ Comp Attorney?

A workers’ comp attorney is a legal entity that specializes in the representation of workers in employment-related matters.

If an employee gets hurt on the job, they can’t sue their employer for causing the injury, unless it can be shown that the employer did it intentionally.

For instance, if an employer hits an employee with the intention of hurting them, then they can file a personal injury suit.

However, they need to be completely aware of the pros and cons of hiring a workers’ comp attorney before proceeding.

Right from the start, choosing a workers comp attorney means the injured worker has a work injury attorney with the expertise to fight for their rights.

It’s then up to the employee to get the benefits they deserve.

What Are The Pros And Cons Of Hiring A Workers’ Comp Attorney?

If you’re considering hiring a workers’ compensation lawyer, it depends on what’s going on with your case.

Hiring an experienced lawyer has its pros and cons, so let’s take a look at each one.

Pros of Hiring a Workers’ Comp Attorney:

When considering the pros and cons of hiring a workers’ comp attorney, it’s essential to delve deeper into the benefits of legal representation in workers’ compensation claims:

1. The Proper Filing Of Documents

When it comes to workers’ compensation, a workers’ compensation attorney’s job is to make sure all the paperwork is filed correctly and on time.

This may seem like a simple task, but it’s one of the most common reasons a worker’s compensation claim is denied.

Administrative mistakes and missed deadlines are just a few of the reasons.

2. Greater Likelihood Of A Higher Settlement

Having an experienced worker’s compensation lawyer can help you get the most out of your claim and stay eligible for all the benefits you deserve.

A 2018 study from insurtech Clara Analytics showed that injured workers who hire a workers’ compensation lawyer get five times more money than those who don’t.

This is probably one of the best parts of the pros and cons of hiring a workers’ comp attorney.

3. Good Representation From Both Sides

If you’re looking to make a workers’ comp claim, employers and insurers have lawyers who can help you out.

By getting your own lawyer, you have someone who can negotiate for you.

Plus, if your claim is rejected, your workers’ compensation lawyer can appeal it.

4. Access To Other Resources

If you hire a lawyer, they can help you get access to resources you might not otherwise have.

For example, if your claim needs you to show the severity of your injuries, your lawyer can give you access to their team of medical professionals.

5. Retains Sanity

If you’ve been injured in the line of duty, the last thing on earth you want is to have to deal with the complexities of the workers’ compensation system.

When you work with an experienced workers’ compensation attorney, you can rest assured that they are looking out for your best interests and putting in the necessary effort to get you the benefits you deserve.

This also means that you can focus on your recovery.

6. No Upfront Payments Are Required

If you’re worried about the cost of legal counsel, don’t worry!

Workers comp attorneys don’t take a cut of the settlement, so you don’t have to worry about a huge legal bill.

How much do they make?

Well, it depends on the attorney, but they’ll usually take a small percentage if you win.

It can range from 10-20%, but in most cases, the settlement they negotiate for you will be worth more than what the insurance company would have offered.

Cons of Hiring a Workers’ Comp Attorney:

While there are distinct advantages to hiring a workers’ comp attorney, it’s essential to weigh these against the potential drawbacks:

1. Process Gets Complicated And Time-Consuming

If you want to resolve your claim quickly, then you may not want to consider hiring an attorney.

However, legal proceedings take time, and there is no quick fix.

Even though your lawyer will do most of the work, they will need your cooperation and support in order to be successful.

2. No Guarantee Of Success

Having a lawyer who specializes in workers’ comp can help you get your claim accepted and get a bigger settlement, but it’s not always a sure thing.

Every workers’ comp case is different, and the success of your claim depends a lot on how much evidence you have.

3. Affected Relationship With Your Employer

If you hire an attorney, it could really hurt your bond with your boss.

Even if you don’t get fired, your relationship with them could be ruined.

Even if your boss isn’t allowed to retaliate, it could still hurt.

So, this might act as one of the pros and cons of hiring a workers’ comp attorney.

4. Cannot Have The Entire Compensation

Most workers’ comp lawyers charge a contingency fee.

That means they don’t get paid until they get paid to collect money for you.

When you get paid, your workers’ comp lawyer gets paid a percentage of what you get. That means you won’t get 100% of what you’re owed.

But when you hire a good workers’ comp lawyer, you’re more likely to get more money than if you took care of it yourself.

So, even though you’re getting paid a percentage, you might end up getting more money when you hire a workers’ comp lawyer.

Discover More: Bicycle Accident Lawyer: When And Why Should You Hire One?

FAQs About Workers’ Compensation Attorneys:

Here are some frequently asked questions regarding the role of workers’ compensation attorneys:

1. How Much Do You Have To Pay To File A workers’ Compensation Claim?

Compensation depends on illness or injury type, severity, treatment, and salary.

Options include lump sum or structured payouts. Workers’ compensation settlement charts help determine benefits, with employers, insurance providers, and lawyers using them.

2. When Do You Need A Workers’ Compensation Lawyer?

Workers’ compensation lawyers may be needed in situations like employer rejection, delayed payout, inadequate medical coverage, permanent disability, lack of evidence, retaliation, grave misconduct, third-party negligence, or unsure acceptance.

Settlements in the US range from $2,000 to $40,000, with some reaching seven or eight figures.

3. When Do You Not Need a Worker’s Comp Lawyer?

Workers’ compensation attorneys may not be necessary for minor injuries, work-related injuries, or pre-existing conditions.

Consultations are free and can provide an honest assessment of insurance claims.

4. Do I Need To Get A Workers’ Compensation Lawyer?

A workers’ compensation lawyer’s involvement depends on the severity of the injury, the complexity of the claim, and the actions taken by the employer or insurer.

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With all the pros and cons of hiring a workers’ comp attorney, the advantages are much more feasible than taking the responsibility on your own.

As a matter of fact, an employee might not be an expert in the field, but it is essential to let a professional handle everything with care.

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Jason Jones

Jason Jones is an experienced editor with a passion for the law. With a 10-year background in legal editing, He has honed his skills in ensuring accuracy and clarity in legal writing. He is dedicated to delivering high-quality content that educates and informs readers on various legal topics.

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