Getting hurt on the job is a financial and emotional nightmare. When your ability to work and provide for your family is compromised, workers’ compensation is the only way to resume day-to-day activities.
Workers’ compensation, simply known as workers’ comp, is a state-mandated program that provides benefits to employees who become injured or ill on the job due to work-related accidents.
The process of filing for workers’ comp can be complicated. Therefore, it is important to have an experienced workers’ comp lawyer by your side. They will guide you throughout the process, helping you secure the compensation you deserve.
Here are eight essential questions you should ask your lawyer to ensure a seamless process:
Do You Have Experience in Cases Similar to Mine?
Workers’ comp cases don’t follow a one-size-fits-all approach. Work-related injuries are caused by numerous reasons, such as:
- Slip and fall accidents
- Equipment accidents
- Being struck by objects
- Electrical hazards
- Exposure to chemical hazards
- Vibration injuries
- Repetitive strain injury (RSI)
Ask your lawyer if they have represented workers injured for reasons similar to yours. You should also inquire about the lawyer’s success rate.
Experience matters in law, and workers’ comp cases are no different. An experienced lawyer will know how to handle insurance companies and potential delays, helping you secure fair compensation.
What Challenges Do You See in My Case?
Hiring a workers’ compensation lawyer doesn’t guarantee a successful claim. Plaintiffs and their legal teams are bound to face challenges. Ask your lawyer to assess your case and determine potential obstacles.
For example, your case might weaken if:
- Your workplace injury was unwitnessed.
- You had a pre-existing medical condition.
- Your accident reports and medical reports are inconsistent.
- You were intoxicated or had alcohol in your body.
- You failed to report the injury in a timely fashion
A competent lawyer will understand the full extent of the situation and determine a course of action.
What Kind of Benefits Can I Get?
Workers’ compensation provides medical care and financial support to cover lost wages. Common types of benefits include:
Temporary Total Disability (TTD) Benefits
If your work-related injuries are serious enough that you can not work at all, you might qualify for temporary total disability (TTD) benefits. Under this program, you can get two-thirds of your weekly wage with a predetermined maximum.
Temporary Partial Disability (TPD) Benefits
If your doctor has cleared you for work with restrictions, such as light duty or fewer hours, you can qualify for temporary partial disability (TPD) benefits. This will cover medical care and loss of wages.
Permanent Partial Disability (PPD) Benefits
If you’re suffering from a lasting impairment or disability, such as the loss of a limb, you might qualify for permanent partial disability (PPD) benefits. These depend on the doctor’s assessment and the state regulations.
The estimated amount of workers’ compensation benefits depends on your country of residence. If you’re living in Georgia, working with Georgia workers’ compensation lawyers can help you clear doubts and ensure fair compensation.
Can I Sue My Employer After a Workplace Injury?
In general, workers’ comp is a no-fault system, which means you can’t sue your employer for a workplace injury. When you file for compensation, you’re waiving your right to pursue legal charges against the employer.
However, you can pursue a lawsuit against a third party involved in your injury or illness. This could be the other driver in the case of a work-related car accident or a manufacturer of a faulty product. In such cases, your lawyer will help build a case.
How Long Will It Take to Receive an Outcome?
There is no strict or pre-determined timeline for a workers’ compensation case. The duration depends on the evidence, the severity of your injuries, and the willingness of your employer to comply.
Once your lawyer has assessed the strengths and weaknesses of your case, ask them to predict a timeline. This can help you manage expectations and prepare yourself both financially and emotionally.
How Long Do I Have to File a Claim?
A statute of limitations is a time limit within which a lawsuit, be it a criminal charge or a personal injury case, must be initiated. In most countries, the statute of limitations for workers’ comp is one year. Failure to file within this time frame will make your case invalid.
However, there are some exceptions. For example, if the employee continues to work after suffering a workplace injury but has to quit due to worsening symptoms. Moreover, illnesses caused by chemical inhalation or other hazardous substances can also have a higher statute of limitations.
You should talk to your lawyer regarding time limits in your case so you don’t miss any critical deadlines.
What are Your Fees?
With proper planning, the path to workers’ compensation can lead to financial surprises. Ask your lawyer about their fees and payment plans. Some lawyers charge on an hourly basis, while others get paid on a contingency basis.
If your lawyer works on a contingency fee basis, they’ll only get paid if you win the case. They will charge a percentage of your compensation amount, which could be 10-20%.
Remember that you would also be paying for other legal expenses, such as paperwork and evidence collection. Asking about the lawyer’s fees early on can help you plan accordingly.
Can My Workers’ Comp Payments Get Delayed?
There are several reasons why your workers’ comp payment might get delayed, reduced, or altogether canceled, such as:
- Inaccurate medical reports
- Inability to submit medical reports on time
- Disputes about your injury
- Returning to work, whether partial or full-time
- Errors in insurance procedure
Working with a competent lawyer will significantly reduce the chances of such delays. They will keep track of all your paperwork and handle any additional requests on time. Nevertheless, discuss such possibilities with your lawyer beforehand to avoid any confusion in the future.
As of May 2024, the Occupational Safety and Health Administration (OSHA) received over 883,000 injury and illness reports from nearly 90,000 establishments. Given these higher numbers, your case might slip through the cracks. However, with a workers’ comp attorney by your side, you have a greater chance of receiving benefits.
Remember that a workplace injury or illness is not the end of your professional career. A lawyer can help you get your life back on track.
