Got hurt on the job and just hired an attorney?
You are likely wondering, “Now what?” Dealing with the aftermath can be daunting. You have medical bills, lost wages and an insurance company that is fighting you.
The reality is most people have no idea what to expect after hiring a workers comp lawyer.
Here’s the good news…
Life gets easier when you have a qualified attorney on your side. Once they accept your case they will fight for your benefits and you can focus on recovery.
This is EXACTLY what happens when you hire a workers comp lawyer for your claim.
Here’s what you’ll discover:
- Why hiring a workers comp lawyer changes everything
- The first steps your lawyer will take
- How the claim process actually works
- What benefits you can expect to recover
- Common mistakes to avoid along the way
Why Hiring A Workers Comp Lawyer Changes Everything
The vast majority of injured workers attempt to navigate their claim by themselves…and it almost always ends badly.
Industry data reveals that roughly 20% of workers comp claims are denied nationwide. Which means 1 out of every 5 workers are denied benefits they are legally entitled to.
Why? Because insurance companies do not work for you. They hire teams of people to fight you.
Get an equal playing field with your attorney. Hiring an experienced workers comp lawyer in Fresno who focuses on workers compensation injury cases after you have been injured at work in California’s Central Valley means you have an expert who understands the Fresno court system, doctors in the area and insurance adjuster games. Your attorney handles all of the paperwork deadlines and negotiations on your behalf.
Statistics show it too. Studies have found approximately 72% of California employees retain workers’ compensation attorneys to file their claims.
That isn’t a coincidence either — unionized workers always win.
The First Steps Your Lawyer Will Take
After you sign the agreement, your workers comp lawyer gets to work fast.
The first 30 days usually look something like this:
- Review Of Your Case: Your attorney reviews all the facts of your accident, injury and medical treatment.
- Filing The Claim: If you don’t file, your lawyer will make sure all the proper paperwork is filed.
- Communication Takeover: Your lawyer becomes the point of contact for the insurance company.
- Medical Coordination: They will coordinate with medical professionals to ensure you are seeing the appropriate doctors for your injuries.
- Evidence Gathering: Witness statements, employer reports, and medical opinions are collected.
Just the fact that they handle the communications takeover is enormous stress relief. You no longer need to worry about answering calls from deceitful claims adjusters.
Here’s a tip…
NEVER, EVER provide a recorded statement to an insurance company without your attorney present. Doing that one thing costs injured workers thousands of dollars every year.
How The Claim Process Actually Works
The workers comp process isn’t linear. There are steps, timelines and hearings — and your lawyer should lead you through them.
Medical Treatment Stage
Immediately after you retain a workers comp attorney, your medical treatment becomes the priority. Your attorney will:
- Make sure all treatment is properly documented
- Push back when treatment is denied
- Get you seen by specialists when needed
The medical records component is often overlooked. Poor medical records can destroy a good case.
Temporary Disability Benefits
As you heal and recover, you are entitled to temporary disability payments. These benefits will generally pay you two-thirds of your lost income. Your attorney will ensure that you receive:
- Start on time
- Are calculated correctly
- Keep coming until you are cleared to return to work
If the insurance company delays, your attorney files the necessary motions.
Permanent Disability Rating
After you are as healed as you’re ever going to be, the doctors will assign you a permanent disability rating. This is where the fun begins.
Insurance companies will nearly always underestimate this value. Why? Because every point means thousands in your ultimate payout. Your attorney will aggressively advocate for the proper rating. This can even include hiring independent medical examiners to dispute a low rating.
Settlement Negotiation
Most workers comp cases settle. They don’t go to a full trial.
This is where working with an experienced attorney will benefit you. The average cost for all workers comp claims together was $47,316 per claim payout for 2022 and 2023 injuries. That is only an average – your case could be worth much more depending on your injury.
A reputable workers comp lawyer will know how much your case is worth and will not let the insurance company bully you into settling for less.
What Benefits You Can Expect To Recover
There are several types of benefits a workers comp lawyer can help you secure:
- Medical Treatment: All reasonable and necessary care for your injury
- Temporary Disability: Wage replacement while you heal
- Permanent Disability: Compensation for lasting impairment
- Job Displacement Benefits: Vouchers for retraining if you can’t return
- Death Benefits: For families of workers killed on the job
The appropriate multiplier depends on your circumstances. Serious injuries – such as head or brain injuries – can be worth much more. In fact, these types of claims average over $90,000, according to industry data.
Common Mistakes To Avoid Along The Way
There are several things you can do to hurt your case even if you have an attorney.
Avoid these at all costs:
- Missing medical appointments
- Posting on social media about your activities
- Going back to work before your doctor clears you
- Hiding pre-existing conditions from your lawyer
- Skipping prescribed treatments
All of these can be used against you in your case. Insurance companies use investigators that stalk social media accounts. They will even do in person surveillance.
Be honest with your workers comp lawyer about everything.
Only tell them if you have all of the facts. New employees are particularly susceptible as well – workers who are in their first year account for around 36% of on-the-job injuries. If you’re new, document from day one.
Bringing It All Together
Retaining a workers comp lawyer is one of the best moves an injured employee can make.
It becomes organized, the positives are fought for and the stress of doing it all yourself melts away.
To quickly recap what to expect:
- Your lawyer handles all communication with the insurance company
- The claim process moves through medical treatment, disability ratings, and settlement
- You are entitled to multiple types of benefits depending on your injury
- Avoiding common mistakes protects the value of your final case
The difficult part is behind you once you retain the proper lawyer. You can now focus on what is important, getting better and returning to your life.
