Boston Worker’s Compensation and Injury Blog

Do I Have to Pay a Workers’ Comp Attorney?

Getting the workers’ comp benefits you are entitled to should be straightforward and easy. But much too often, injured workers are denied these benefits for unfounded reasons. When this happens, some people are hesitant to hire a workers’ comp attorney, fearing high fees.

However, you do not have to worry about paying high prices for legal representation for a workers’ comp claim since fees are taken out of any settlement that is obtained.

Fees for Workers’ Comp Claims

A lot of people associate attorneys with high fees, but this is not necessarily the case. Most often, an attorney who focuses on workers’ comp cases will take on them on a contingency basis. This means that you can consult a workers’ comp lawyer for free and then not have to pay anything at all unless he obtains a settlement for you.

Typically, attorney fees for worker’s comp claims will be set at a specific percentage of a settlement. For example, lawyer fees for a workers’ comp case in Massachusetts are governed by statute, M.G.L. c.152 section 13A which states that an attorney can charge 20% of any lump sum settlement if liability is accepted by the insurer.

What Can a Workers’ Comp Lawyer Do for me?

After suffering a workplace accident, you might find yourself wondering what a workers’ comp lawyer can do for you.
If you have yet to file a claim, a workers’ comp lawyer can take a look at all the facts of your case and advice you about your options and what you can expect. However, it is more common for people to turn to an attorney who deals with these types of cases when their claim for benefits is unjustly denied.

Appealing after an unfavorable decision for workers’ comp benefits is the best way to get the benefits that you need to pay medical bills and more. You can go about this on your own. However, having an attorney who knows how to deal with the complicated process and procedural rules is more likely to get you what you deserve.

An experienced workers’ comp lawyer will go out of his to help you:

  • Understand possible strengths and weaknesses of your claim
  • Get ready for the workers’ comp hearing
  • Question any witnesses for supporting evidence
  • Ensure you follow procedures and meet deadlines

On top of this, having an experienced workers’ comp lawyer on your side can help you to get a favorable settlement without having to endure the entire process of a hearing. The insurance company will be more open to negotiations if they know your legal representative will make them pay more should they lose at a hearing.

Top Reasons to Hire a Workers’ Comp Lawyer

Knowing that a workers’ comp lawyer will provide you with a free consultation where all the facts of your case will be thoroughly examined is a great reason to do so. You will get a professional opinion about how strong or weak your case is and advice about the best course of action.

But there are other reasons to hire a workers’ comp attorney such as being denied benefits, having a serious work-related injury, having a preexisting condition, or not being able to return to work.

Being Denied Benefits

When workers’ comp claims are substantial, it is not uncommon for insurance companies to look for any reason they can find to deny them. They do this knowing that a lot of injured workers simply will not contest the decision.
However, you are entitled to appeal such a decision and turn to a workers’ comp lawyer who will help you get the benefits that are legally yours.

You Suffered a Serious Work-Related Injury or Illness

Most employees who suffer a work-related injury that is minor manage get workers’ comp benefits easily, especially if the employer agrees that the accident occurred on the job. However, when the injury or illness in question is severe, things can get complicated.

A severe injury leads to higher medical bills and a significant loss of income, making the insurance company aware that they will have to endure a high payout. Knowing this, they are more likely to deny your claim on any possible pretext.
When this is the case, having a workers’ comp lawyer aggressively fight for your rights is the best course of action.

Having a Preexisting Condition

A preexisting condition can seriously hurt your chances of getting workers’ comp benefits. The insurance company can easily claim that your injury or illness was caused by your preexisting condition to deny you benefits.
For example, if you have had back problems in the past, they can claim that the injury was already there. However, this is not necessarily the case.

A workers’ comp lawyer can help determine whether it is wise to pursue your claim and do so if the facts of your case merit such action.

You Cannot Go Back to Work

Most work-related injuries are minor and employees are able to return to work in a short period of time, but not always. The longer you are out of work the more it will affect you economically, especially if you cannot go back to work at all.

This situation could entitle you to permanent disability benefits which would be very costly for the insurance company. Keep in mind that they are a for-profit enterprise and do not like to lose money.

A workers’ comp lawyer can help you get a settlement big enough to cover a good portion of your losses so that you can pay your medical bills and live a better life.

Contact a Workers’ Comp Lawyer Today

If you have suffered a serious injury at work, the best thing to do is contact a workers’ comp lawyer now. This is especially crucial if you have already been unjustly denied the benefits that you deserve to pay your medical bills.

Call us at the Law Office of Robert E Frawley at (617) 523-2929 today.

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