Understanding whether or not you have a viable workers comp case (i.e., workers’ compensation) case might not be as clear cut as it seems. Knowing the law and how the court system works is confusing for almost everyone who doesn’t work in that world every day.
There is help available, though, to learn whether or not you should consider pursuing a case. Remember that workers’ comp attorneys work on contingency. That means they earn nothing for representing you unless they win you a cash settlement. This is one of the many reasons they are honest when they assess your case. if yours isn’t a case that’s likely to result in a workers’ comp award, they won’t be as likely to take it on.
The only way to learn whether or not an attorney can help you is to start with a consultation. But don’t worry! A free workers comp case consultation isn’t a full meeting. It’s more of an interview so you and the matched attorney can determine a few things together.
Preparing for Your Workers’ Comp Case Consultation
First, the attorney will want to know the facts of your case so they can assess how successful they think your case can be.
Second, both you and the attorney will want to determine if you feel comfortable working together. It will give you a chance to ask questions and learn how the attorney works, so you can make a decision about working together.
Questions Your Workers’ Comp Attorney Will Ask You
The objective of a consultation is to assess the merits of your potential case. It’s vital that you answer the attorney’s questions honestly and as concisely as possible.
Some of the questions an attorney may ask during your free workers comp case consultation might include:
- What happened during the accident that resulted in your injury?
- When did your injury occur?
- Who else was present?
- What did your doctors say? Have they identified any work limitations because of your injury?
- What’s your personal life like? Do you have a family (kids, spouse)?
- How has your injury affected your ability to work and to provide for your family? (i.e., Is your injury permanent?)
- What is your prior work history? Has an employer ever fired you? Have you filed these types of claims before?
An attorney will want to know the facts of the case. In other words, you must explain who, what, how, when, and why you suffered this injury. Was anyone else involved or are there witnesses? How exactly did you get hurt? When did you tell your employer, and when did you seek medical treatment?
It’s important to know these details and become familiar with all documentation that supports a potential workers comp case. You should also be aware that if you move forward, other attorneys will ask you many of these same questions.
Questions You Should Ask Your Workers’ Comp Lawyer
The consultation process is mutual, meaning that the attorney will ask you questions and you can also ask questions.
A few questions you should consider asking include:
- How many workers’ comp cases have you handled? Of those, how many have been similar to mine?
- How long will my case take to resolve, and what steps are involved?
- What is the likelihood that my case gets settled or favorably resolved? What results do you think we’d have?
- How do your legal fees work?
- How would we communicate if we decide to work together?
- Do I really need a lawyer, or can I do this myself?
- What should I do if someone contacts me and I don’t have a lawyer?
You want to know a few things from a consultation, including how comfortable you feel with that attorney. In addition, you want to know if the attorney specializes in workers’ comp case representation. That’s because some people’s claims may be especially complicated, such as if you have a history of carpal tunnel pain from previous jobs. You also want to know how the process usually goes, especially what you’re expected to do and what to expect of your attorney.
Worker Comp Attorneys Work on Contingency
Finances and fees are always important to discuss. Our workers’ comp attorneys work on contingency, meaning you don’t have to pay a retainer or any money out of pocket. If an attorney decides to represent you after the initial consultation, the work our attorney does on your behalf will cost you nothing unless your case is successful.
If your case stems from an injury sustained as a federal employee, our network does not include attorneys who can represent you. This is a great place for finding resources if that describes your case.
Workers comp cases are unique, and each situation is different. Talking to a qualified attorney can help you choose how and even whether you wish to proceed. To learn if our attorneys can help you pursue your claim, get a free workers comp case evaluation online.
Ready to see if you may qualify? Complete your free online workers’ compensation case evaluation now!
Lisa Allen is a writer and editor who lives in suburban Kansas City. She holds MFAs in Creative Nonfiction and Poetry, both from the Solstice Low-Residency Program in Creative Writing at Pine Manor College. Prior to becoming a writer, Lisa worked as a paralegal, where she specialized in real estate in and around Chicago.
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