Do I need a lawyer?
The Workers Compensation Law does not require an attorney to represent an injured worker at a hearing. If the only dispute is a minor one such as one or two days of compensation or the payment of medical and/or chiropractic bill, then an attorney may not be necessary. If an injured worker applies for a hearing without an attorney, the Workers Compensation Division will schedule an informal conference where no testimony is taken and no decision is made, but a Judge tries to work out the differences between the parties on an agreed upon basis.Sometimes major disputes arise such as: Is there permanent disability? How much permanent disability is there? Is retraining necessary? Has the employer/insurance carrier completely denied the claim? In these types of disputes, a lawyer who concentrates his or her practice in the area of workers compensation is not only helpful, but truly a necessity. Think of the need for an attorney in these situations the same way you would think of skilled tradesmen in other situations. You dont need an electrician to change your light bulb, but you surely need one to bring in a 220 line. You dont need a plumber to change a washer, but you dont want to hook up a septic system without one.
If you decide to look for an attorney, look for one who represents only injured workers in workers compensation and one who concentrates his or her practice in that area.
Remember, an attorney may not charge more than 20% of the compensation which is in dispute. That means any amount of money that the employer/insurance carrier is paying on a voluntary basis cannot be subject to an attorney fee. Only if the attorney gets you more money than the employer/insurance carrier has agreed to pay, can an attorney charge a fee. If you contact an attorney that agrees to review your case, but wants money up front for investigation, you are in the wrong office. Our firm will always answer questions concerning your rights under the Workers Compensation Law. We will not charge you a fee unless we actually agree to take the case, you agree to hire us and we actually get you some money. contact us