What Workers’ Comp Lawyers Won’t Tell You (2024)

Workers’ comp lawyers might hesitate to tell you about some of the common pitfalls in the claim filing process. However, if you encounter one of these issues, it could mean getting fewer benefits and having an overall poor experience. At ConsumerShield, we offer the facts you need to know to file a claim after a workplace injury.

Our team can connect you with experienced lawyers who will fight for the compensation you deserve. Learn about what workers’ comp lawyers won’t tell you so you know what to expect from the workers’ comp settlement process.

You Don’t Have to Accept the First Offer

In 2022, 159,379 people suffered injuries at work, resulting in $167 billion lost in everything from medical expenses to property damage and wages. When you’re facing significant bills because of your injuries, the impulse to take the first settlement that insurers offer can be powerful.

When your workers’ compensation lawyer first presents a claim, insurers will be quick to get back to you, usually with a ridiculously low sum. They bank on the fact that you’ll be struggling financially and won’t want to wait. If you have lawyers who are only looking out for their own interests, they may even encourage you to take that offer.

The right lawyers, however, will recommend pushing back and negotiating for a more beneficial settlement. Negotiations can be tough and take longer, but they could help you walk away with enough compensation to cover the losses you’ve suffered.

You Can Change Counsel Without Consequences

Often, people going through a workers’ compensation claim feel that their lawyers are treating them like just another case and aren’t invested enough in getting them the best possible outcome. Some signs that can warn you your lawyer isn’t doing the quality job you need are:

• They don’t return your calls.

• They’re not knowledgeable in workers’ comp law.

• They’re not working hard enough on the case.

• They’ve missed deadlines.

• They keep pushing you to accept low offers.

• They didn’t investigate whether you could sue a third party.

Hesitation is common, even if you know changing lawyers is the right move. You deserve to feel confident in the person representing you so that you can have one less thing to worry about as you go through the legal system. And there are no negative legal consequences to changing lawyers, no matter where you are in the claim process.

Sometimes, people delay seeking a second opinion because they’ve heard that other lawyers won’t speak to a client if they already have representation. That’s true if you try to talk about case details, but meeting with another lawyer to see if they’re a better fit is allowed.

You Don’t Have to Pay Upfront Fees

Workers’ compensation lawyers operate on a contingency fee basis. The contingency fee system ensures that everyone who deserves to file a claim can do so without worrying about having to pay up front while also guaranteeing that the lawyer has further incentive to win the claim.

If your lawyer asks you to pay any fees up front, choose someone else. Additionally, be certain that they give you a clear idea of what their percentage will be if they win, as well as whether there are any hidden fees that you may be responsible for. Get these and all other payment details in writing.

Paralegals May Handle Your Case — and They Shouldn’t

Many workers’ compensation lawyers also won’t tell you who will be handling your case. You may assume it’s the lawyer when it’s actually a paralegal. It’s common practice in larger law firms to hand off as many cases as possible to paralegals to manage significant client numbers.

Paralegals are important members of a law firm, but they’re not the qualified representatives you’ve chosen to help you. They won’t be able to provide the same level of skilled assistance that a lawyer can. You deserve to have experienced attorneys handling your workers’ comp case.

It’s a good idea to ask this question outright when you go for your free consultation so you know what to expect. You need a workers’ compensation lawyer from the start, not a paralegal.

Your Lawyer May Be to Blame if You Stop Receiving Benefits

If you’ve started receiving workers’ compensation benefits and they’ve suddenly stopped, your lawyer may have made a mistake. They could have missed deadlines, submitted incorrect paperwork or failed to effectively communicate with insurers or employers on your behalf. All of these are breaches of their duties.

Choosing Reliable Workers’ Compensation Lawyers

Experiencing a workplace injury is difficult enough without worrying about your attorney keeping things from you. If you’re concerned about what workers’ comp lawyers won’t tell you, our team can offer guidance.

At ConsumerShield, we help people get answers to their legal concerns. Our team is also able to put you in contact with experienced lawyers who offer representation you can count on.

Are you not sure when insurers will offer workers’ comp settlements? Alternatively, perhaps you’re worried about how the settlement can affect SSDI benefits. No matter what your questions are, our team will walk you through the answers. Put your mind at ease and your claim in the right hands by filling out our contact form.