What Types of Injury or Illness Can a Workers’ Compensation Attorney Help With?
Workers’ compensation lawyers deal with a very wide range of cases. The key is that the injury suffered must be work-related - something that happened while you were doing something for your employer or in the normal course of your work. It does not necessarily need to have taken place while at your place of work - if you were traveling for work-related purposes or in a company vehicle you may also be covered, provided you were at the time doing something connected to your job.
Some jobs and some workplaces are inherently risky to some degree - for example, construction site injuries are a common type of workers’ compensation claim. However, accidents can and do happen in offices, shops, warehouses, and all other kinds of workplaces. A workers’ compensation lawyer will typically handle claims ranging from repetitive strain injuries or cuts and lacerations to sprains and fractures, burns, eye injuries, head injuries, falls, crush injuries, electrocution, and sadly even fatalities.
You can also hire a workers’ compensation attorney to help with your claim if you develop a work-related disease or condition. Common examples of this include workers’ compensation claims for mesothelioma, caused by asbestos exposure, as well as black lung disease, COPD, and hearing loss.
How Much Does It Cost to Hire a Workers’ Compensation Attorney?
Most workers’ compensation law firms work on a contingency fee basis - more commonly known as no win, no fee. In this instance, you will pay nothing if your case is not successful; if it is, your attorney will take a portion of your compensation settlement as their fee.
If your workers’ compensation attorney charges by the hour instead, the fees will still come from your eventual settlement, meaning that you don’t have to pay anything upfront.
To protect workers, most states have set caps on the percentage of settlement a workers’ compensation attorney can claim - typically no more than 20%.
Tips for Hiring a Workers’ Compensation Lawyer
Don’t just go with the law firm nearest you.
Ideally, you need to hire a workers’ compensation attorney with plenty of experience, who will know the best ways to handle the insurance company’s efforts to minimize your claim.
Look carefully at the types of workers’ compensation claim your potential attorney has handled before. Consider their success rate and the size of settlements they have obtained, and balance this against their likely fee.
Ideally, talk to several workers’ compensation lawyers before you make your final choice - the one you feel most comfortable with is likely to be your best bet, as the personal connection factor means you will feel less stressed during the process.
Internet searches will turn up thousands of workers’ compensation law firms, but this is not the best way to narrow down your choice.
A better option is to use a specialized legal directory. Our State Bar Attorneys directory lists hundreds of workers’ compensation attorneys - and it’s easy to narrow down your search for workers’ comp law firms in your state who specialize in your type of injury.
You can also read reviews right here in the directory, to get a feel for which are the most trusted workers’ compensation lawyers near you.
FAQ On Hiring a Workers’ Compensation Lawyer
1 - I was injured during a work procedure but I hadn’t followed the company’s safety rules. Can I still claim workers’ compensation?
Possibly not - but check with a good workers’ comp attorney before you give up. Generally speaking, injuries arising when a company’s safety procedures were not followed will not be covered, but you may still be able to make a civil claim.
Other types of injury not usually covered by workers’ compensation law include self-inflicted injuries, injuries caused to an intoxicated person, injuries suffered during unlawful activities, or injuries caused deliberately by one employee to another.
2 - I fell and was injured while doing a job for my employer, but they say I am an independent contractor and therefore not covered by workers’ compensation insurance. Are they right?
Independent contractors are not covered by workers’ compensation law, so if you truly are one then your employer is correct.
However, employers often miscategorize employees as independent contractors in order to avoid workers’ compensation and other payroll expenses. If your “employer” controls the details of how, where and when you do your work, supplies materials or tools, requires you to work specific hours, can terminate your employment, or pays you on an hourly basis, you may actually be an employee.
Seek advice from an experienced workers’ compensation attorney who will work with you to assess whether or not you can make a claim.
3 - Is there a time limit on workers’ compensation claims?
Yes. Every state sets its own time limits, but typically the limit is between one and three years from the date of the injury. However, the deadlines by which you must report your injury to your employer are much shorter - sometimes as short as 10 days - so you must report your injury as soon as possible.
The time limits for occupational diseases are longer, because these may not manifest until some time after your employment.
If you miss a deadline, however, you won’t be able to make a claim - so if you have been injured or as soon as you realize you are ill, seek expert advice from your chosen workers’ compensation attorney,
