Do I Need a Lawyer for Workers' Comp?
Many simple workers' comp claims, where the injury is minor and the insurer pays promptly, do not need a lawyer. Get one if your claim is denied, benefits are delayed or cut off, you have a serious or permanent injury, you are offered a settlement, you have a pre-existing condition, or you think you were fired or mistreated for filing. Comp lawyers usually work on contingency, with fees capped by state law.
Workers' compensation is a no-fault system: employees injured on the job get medical care and partial wage replacement regardless of who caused the injury, and in exchange usually cannot sue their employer (Cornell LII). Each state runs its own program; federal employees and some special industries have federal programs (DOL).
What workers' comp usually pays
- Medical treatment for the work injury or illness
- Temporary disability benefits, typically a percentage of your average weekly wage
- Permanent disability benefits if you have lasting impairment
- Vocational rehabilitation in some states
- Death benefits to dependents
Pain and suffering is not paid in workers' comp.
When you may not need a lawyer
- A minor injury, fully healed
- The insurer accepted the claim and pays on time
- You missed little or no work
When a lawyer is worth it
- Denied claim or the insurer disputes that the injury is work-related
- Delayed or stopped payments
- Serious injuries: surgery, permanent restrictions, inability to return to your old job
- Settlement offers, which often close medical benefits for good
- Independent medical exams that contradict your doctor
- Pre-existing conditions the insurer blames
- Retaliation: being fired or disciplined for filing
- Other benefits in play: Social Security disability, unemployment, or a third-party injury claim
How comp lawyers are paid
Workers' comp lawyers usually work on contingency, and most states cap the fee as a percentage of benefits and require approval by the workers' comp judge or board. You generally do not pay upfront.
Third-party claims
If someone other than your employer caused the injury, such as a negligent driver or an equipment maker, you may have a separate injury lawsuit with full damages. See construction site accidents.
Retaliation
Most states prohibit firing or punishing workers for filing comp claims. See retaliation at work.
Long-term disability
If you cannot return to any work, you may also qualify for Social Security disability; see how to apply for SSDI.
Our workplace injury checklist lists the records to keep. Compare employment lawyers and comp attorneys near you.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.
Related questions
- What to Do After a Workplace Injury
- What to Do After a Construction Site Accident
- How to Apply for Social Security Disability
- What Counts as Retaliation at Work?
- Workplace Injury Checklist: Steps After Getting Hurt at Work
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- How to File a Workplace Discrimination Complaint
- How to Get Unpaid Wages From an Employer