When hiring a workers’ comp lawyer, it’s important to ask the right questions to ensure you get the best representation. You’ll want to understand the claims process, how much compensation you may receive, and what legal protections you have against employer retaliation. You should also ask about the lawyer’s experience, legal fees, and whether you have grounds for additional claims against third parties. Knowing the answers to these questions can help you make informed decisions and maximize your benefits.
Here are the key questions to ask a workers’ comp lawyer to help you seek benefits:
- What Steps Do I Need to Take to Start My Workers’ Comp Claim?
- What Are My Maximum Benefits?
- How Should I Handle My Medical Treatment & Communication With Doctors?
- What Settlement Options Might Be Available?
- Have You Handled Work Injury Cases Similar to Mine?
- Do You Charge Upfront or Work on a Contingency Basis?
- Can My Employer Retaliate Against Me for Filing a Workers’ Comp Claim?
- Can I Sue a Third Party for My Injury?
1. What Steps Do I Need to Take to Start My Workers’ Comp Claim?
Filing a workers’ compensation claim can feel overwhelming, but taking the right steps from the beginning can help you receive benefits. Your lawyer should walk you through the process, which typically includes reporting the injury to your employer as soon as possible, seeking medical treatment, and filing the necessary paperwork with the state’s workers’ compensation board.
Asking this question helps you understand any deadlines, required documentation, and potential challenges you may face when filing your claim.
2. What Are My Maximum Benefits?
Your attorney can help calculate how much you may be entitled to receive, including wage replacement, medical expenses, and disability benefits. In some cases, workers may also qualify for vocational rehabilitation if they are unable to return to their previous job. Knowing your maximum benefits helps you plan for your recovery and ensure you are not being underpaid by your employer’s insurance company.
3. How Should I Handle My Medical Treatment & Communication With Doctors?
Your medical treatment plays a critical role in your workers’ compensation case, as insurance companies rely on medical records to determine your eligibility for benefits. Your lawyer can advise you on choosing an approved physician, following treatment plans, and keeping detailed medical records.
They can help you understand how to communicate with doctors, especially when discussing work restrictions and permanent impairments. Since insurance companies may try to downplay your injuries, having a lawyer guide you can help protect your rights.
4. What Settlement Options Might Be Available?
Some workers’ comp claims are resolved through a lump-sum settlement, while others involve ongoing payments based on disability classification. Your lawyer can explain whether accepting a settlement is in your best interest or if you should negotiate for a larger amount. Settlements can close your case permanently, so it’s important to understand how accepting a settlement will affect your ability to receive future medical benefits.
5. Have You Handled Work Injury Cases Similar to Mine?
Experience matters when hiring a workers’ comp lawyer. Different industries have unique hazards and legal considerations, and you want an attorney who understands how to handle cases involving your type of injury.
Whether your claim involves construction accidents, repetitive strain injuries, occupational illnesses, or catastrophic injuries, our workers’ comp attorneys have a track record of securing significant settlements and benefits for injured workers. A lawyer with relevant results is more likely to anticipate challenges, develop a strong strategy, and fight for the maximum compensation you may deserve.
6. Do You Charge Upfront or Work on a Contingency Basis?
Legal fees are an important consideration when hiring an attorney. Our Boston, Cambridge, and Sharon workers’ comp attorneys work on a contingency basis, meaning you only pay if they successfully recover compensation for you. This structure ensures that your lawyer is motivated to secure the best outcome in your case. Asking about fees upfront eliminates surprises and helps you choose legal representation that fits your financial situation.
7. Can My Employer Retaliate Against Me for Filing a Workers’ Comp Claim?
Workers’ compensation laws prohibit employer retaliation, meaning you cannot be fired, demoted, harassed, or have your hours reduced simply for filing a claim. However, some employers still engage in retaliatory behavior, and it’s essential to understand your rights and legal options if this happens. A competent lawyer can help protect you from unfair treatment and take action if your employer violates workers’ comp laws.
8. Can I Sue a Third Party for My Injury?
Workers’ compensation typically prevents you from suing your employer, but you may be able to file a third-party lawsuit if another party’s negligence contributed to your injury. Examples include:
- A manufacturer of defective equipment that caused your injury.
- A subcontractor or independent company responsible for unsafe work conditions.
- A reckless driver who injured you while you were on the job.
Filing a third-party lawsuit can help you recover additional damages, including pain and suffering, which workers’ compensation does not cover. Your lawyer can evaluate your case and determine whether you have grounds to pursue compensation beyond your workers’ comp benefits.
