Why Would I Hire a Workers’ Compensation Attorney?

Retaining an attorney for your workers’ compensation case is not required, but does give you an advocate to help you through the workers’ compensation process. You do not need an attorney to have a workers’ compensation case; you have a case start when you are injured at work. Your employer’s workers compensation insurance company also has legal responsibilities to give you information and notices that are intended to help you know what is happening with the injury and how to make it through the workers’ compensation process. The defendant’s duties to you do little to help you achieve the best outcome for you however.

The workers’ compensation system is designed to prevent the worst possible outcomes for injured workers. Judges review settlements, and Information & Assistance provides free information about the workers’ compensation system to injured workers. These safeguards only prevent unjust results in workers’ compensation however. Neither a judge nor and Information & Assistance officer will work on your behalf to achieve an optimal outcome on your case. A workers’ compensation attorney is invested ensuring your case is handled properly from start to finish and achieving the best possible case outcome.

Affordable Assistance

Attorneys representing injured workers in California workers’ compensation cases are typically paid on a contingency fee basis. This means you do not pay them directly or upfront. Instead, the attorney receives a percentage of any money recovered from the insurance company on your behalf. Workers’ compensation typically charges a 15% attorney fee for representation, which tends to be much lower than most other contingency fee arrangements.

Attorney fees are most commonly paid at the end of a case as part of a settlement, such as a Stipulations with Open Medical Award or a Compromise & Release. Fees may also be awarded if an attorney goes to court to secure disputed benefits for you. This fee structure allows injured workers to obtain representation without worrying about ongoing or out-of-pocket costs regardless of how long the case goes on. It also protects you in the unlikely event that no recovery is made, often phrased as: “You don’t pay unless we win.”

Most workers’ compensation attorneys, including NorCal Advocates, offer free case reviews to determine how they could help you with your case.

Help With Physicians

One of the most significant ways an attorney can impact your case is by assisting with your medical care. Injured workers often begin treatment in emergency rooms or occupational health clinics. While these facilities can be helpful initially, many patients believe they experience better outcomes when treated by an individual physician who can develop a comprehensive, long-term treatment plan. A workers’ compensation attorney can help you find and transfer your care to a physician within the insurance company’s Medical Provider Network who is a good fit for both you and your injury.

Attorneys also support your treating physicians by advocating on your behalf when problems with treatment arise. This includes appealing treatment denials issued through Utilization Review, locating specialists for consultations or advanced diagnostics, and requesting hearings before a workers’ compensation judge when necessary.

Advocating for Your Interests

Hiring a workers’ compensation attorney gives you an advocate who fights for your interests with insurance companies, physicians, and the court. Your attorney works to ensure you receive all benefits you are entitled to and can negotiate with insurers to secure the most favorable settlement possible.

An experienced attorney also knows how to carefully review medical reports to ensure your injury and its impact on you are accurately and fairly. If there are issues in your medical reports, your attorney may question the physician that wrote the report to address that problem. If needed, your attorney will represent you in court, present evidence, and help prepare you to testify. Having a knowledgeable advocate can make a significant difference when a doctor or the insurance company have beliefs or arguments about your injury that do not align with reality.

Compassionate Counsel

One of the most valuable things a workers’ compensation attorney provides is knowledge and guidance. The workers’ compensation system can be confusing, with complex rules, procedures, and terminology that make it difficult to understand what is happening in your case.

An attorney can explain the process, outline next steps, and help you understand what to expect to happen in your case. This guidance is especially important when you are making decisions about medical treatment, settlement options, and your future. While an attorney cannot make these decisions for you, they can provide experienced advice, answer your questions, and help you weigh your options so you can make your decisions with confidence.

Conclusion

You do not need an attorney to pursue a workers’ compensation claim, but an attorney is a powerful ally. A workers’ compensation attorney provides professional advocacy when dealing with insurance companies, physicians, and even opposing counsel. Beyond helping at the end of a case, an attorney can prevent problems from arising and resolve issues quickly when they do occur.
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Most importantly, your attorney is there to answer your questions and help you make informed decisions during a challenging time. If you have a workers’ compensation injury, please reach out for a free case review.