Questions to Ask a Workers' Comp Lawyer
Critical questions to ask a workers' compensation lawyer to protect your rights and maximize your claim after a workplace injury.
1What is your experience handling workers' compensation cases?
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What is your experience handling workers' compensation cases?
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Why this works
Establishes their expertise and track record with cases similar to yours.
2What is the value of my claim, and what factors affect it?
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What is the value of my claim, and what factors affect it?
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Why this works
Provides realistic expectations about potential compensation and what influences the amount.
3How long will my case take to resolve?
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How long will my case take to resolve?
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Why this works
Sets timeline expectations for settlement or trial so you can plan accordingly.
4What benefits am I entitled to under workers' compensation?
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What benefits am I entitled to under workers' compensation?
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Why this works
Clarifies what medical treatment, wage replacement, and other benefits you should receive.
5How do you charge for your services—contingency, hourly, or flat fee?
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How do you charge for your services—contingency, hourly, or flat fee?
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Why this works
Helps you understand the financial arrangement and when payment is due.
6What evidence do I need to support my claim?
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What evidence do I need to support my claim?
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Why this works
Identifies documentation, medical records, and witness statements needed to strengthen your case.
7Should I accept the initial settlement offer from the insurance company?
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Should I accept the initial settlement offer from the insurance company?
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Why this works
Helps you evaluate whether the offer is fair or if you should negotiate for more.
8Can I be fired or retaliated against for filing a workers' comp claim?
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Can I be fired or retaliated against for filing a workers' comp claim?
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Why this works
Clarifies your legal protections and what to do if you face workplace retaliation.
9What should I do if my claim is denied?
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What should I do if my claim is denied?
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Why this works
Outlines the appeals process and next steps to fight a denial.
10Can I see my own doctor, or must I use the company's doctor?
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Can I see my own doctor, or must I use the company's doctor?
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Why this works
Clarifies your rights regarding medical treatment and provider selection.
11What is the deadline for filing my workers' compensation claim?
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What is the deadline for filing my workers' compensation claim?
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Why this works
Ensures you don't miss critical filing deadlines that could bar your claim.
12What happens if I can't return to my previous job due to my injury?
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What happens if I can't return to my previous job due to my injury?
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Why this works
Explores vocational rehabilitation, retraining benefits, and disability options.
13How will you communicate with me throughout the process?
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How will you communicate with me throughout the process?
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Why this works
Sets expectations for updates, availability, and responsiveness.
14What are the most common mistakes people make in workers' comp cases?
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What are the most common mistakes people make in workers' comp cases?
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Why this works
Helps you avoid pitfalls that could weaken your claim or delay resolution.
15Can I receive workers' comp benefits and also sue my employer?
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Can I receive workers' comp benefits and also sue my employer?
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Why this works
Clarifies the exclusivity rule and rare exceptions where lawsuits may be possible.
16What if my injury was caused by a third party, not my employer?
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What if my injury was caused by a third party, not my employer?
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Why this works
Explores potential personal injury claims beyond workers' compensation.
17How do pre-existing conditions affect my workers' comp claim?
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How do pre-existing conditions affect my workers' comp claim?
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Why this works
Addresses concerns about how prior injuries or conditions impact eligibility and benefits.
18What is the success rate for cases like mine?
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What is the success rate for cases like mine?
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Why this works
Provides insight into likely outcomes based on similar cases they've handled.
19Will I have to go to court, or can this be settled?
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Will I have to go to court, or can this be settled?
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Why this works
Clarifies whether litigation is necessary or if settlement is more likely.
20What should I not do while my claim is pending?
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What should I not do while my claim is pending?
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Why this works
Identifies actions that could harm your case, like social media posts or failing to follow medical advice.
Best Practices for Working with a Workers' Comp Lawyer
Expert tips and techniques for getting the most out of these questions.
Best Practices
Document Everything
Keep detailed records of your injury, medical treatment, communications with your employer, and how the injury affects your daily life.
Be Honest About Your Injury
Never exaggerate or minimize your condition. Honesty with your lawyer and medical providers is crucial for credibility.
Follow Medical Advice
Attend all appointments, follow treatment plans, and document any difficulties. Non-compliance can hurt your claim.
Act Quickly
Report your injury immediately and consult a lawyer early. Delays can jeopardize your claim.
Question Sequences
The Initial Consultation Sequence
The Strategy Sequence
The Rights Protection Sequence
Common Pitfalls
Don't Delay Reporting Your Injury
Late reporting gives insurance companies ammunition to deny your claim. Report immediately, even for seemingly minor injuries.
Don't Accept the First Offer Without Legal Advice
Initial offers are often low. Consult a lawyer before accepting any settlement.
Don't Post About Your Injury on Social Media
Insurance companies monitor social media. Posts can be used against you to show you're not as injured as claimed.
Don't Miss Medical Appointments
Gaps in treatment suggest your injury isn't serious and can be used to reduce or deny benefits.