Questions to Ask When Choosing a Work Injury Lawyer

When you’re seeking a work injury lawyer, it means that you need compensation for an on-the-job injury or a condition you have developed at work. A work injury lawyer will help you recover the maximum amount of compensation available to you.

Before choosing an attorney, however, you are going to want to pose a few questions in your search for the right professional.

1. What Experience Do You Have With Work Injury Cases?

Lawyers typically focus on certain areas of the law, which means some are capable of handling work injury cases and others are not. For this reason, it is important to inquire into the experience of every potential candidate to represent you. Ultimately, your list of final candidates should only include those with extensive and successful track records with cases such as yours.

2. What Work Injury Laws Should I Be Aware Of?

As an injured worker, it is important for you to be aware of the workers’ comp provisions that affect you, such as the exclusive remedy provision. Your workers’ comp attorney should be aware of and explain various points to you when you pose this question, including the concept of exclusive remedy.

Workers’ comp in Virginia is the exclusive remedy for work injury cases. This means that injured workers may not seek compensation from their employer or other employees for negligence that leads to work injuries.

Instead, injured workers are required to seek compensation from workers’ comp insurance, which pays limited economic benefits but does not require the injured worker to build a case for liability. However, a lawsuit for full compensation may be permissible when a worker is injured by a third party, which is a party not officially a member of the workforce, such as the general public or a delivery driver.

3. How Will You Communicate With Me About the Progress of My Case?

Clients deserve to be kept in the loop and updated on a regular basis. Posing this question to an attorney shows that you desire and expect to be kept up to date on the progress of your case. Any potential candidate should answer that they indeed intend to keep you in the loop and contact you regularly about your case.

4. What Costs and Fees Should I Expect?

Injured workers should be aware of their obligation to pay attorney’s fees as well as costs. Your candidates for representation should clearly explain their charging practices, which will likely include contingency-fee pricing. Contingency-fee pricing sees your attorney recover a percentage of the money they collect on your behalf. Depending on your case, the percentage could be between 15% and 25%.

There may also be various costs. These are owed in addition to the attorney’s fees and vary from case to case. Common costs include:

• Fees associated with subpoenas and medical records requests
• Copying, faxing, and printing costs
• Independent medical examination costs
• Deposition expenses
• Fees for expert witnesses

Generally speaking, the more issues that arise in your case, the higher the costs are likely to be.

5. How Will You Determine the Value of My Claim?

When answering this question, attorneys should explain the various sources of compensation that may be available in your case. These may be workers’ comp insurance, a third-party lawsuit, or both. They should also detail how they will figure your precise damages, which typically involves calculating:

• Medical and hospital bills
• Lost income
• Injury-related expenses

If your work injury case involves a negligent third party, the attorney should also explain how they will calculate pain and suffering damages.

6. What Is Your Approach to Negotiating With Insurance Companies?

How a firm approaches negotiations will give you insight into their approach to work injury cases. Many firms rely on volume and turnover. So they sometimes may settle cases quickly to bolster their profits. More cases, they argue, equal more money.

Other firms, on the other hand, fight for more than satisfactory judgments — they fight for maximum compensation for each client. These firms tend to have a more client-centered approach.

Frequently Asked Questions

How Long Do I Have to Seek Compensation for a Work Injury Claim?

Virginia has a two-year statute of limitations for workers’ comp claims that begins the day of the work injury or the day after an occupational disease diagnosis has been communicated to the employer. For work injuries resulting in death, the statute of limitations is three years. Certain exceptions are in place for coal miners and for certain situations involving cancer.

Do I Need a Work Injury Attorney to Represent Me?

Work injury lawyers are crucial in helping injured workers take full advantage of their right to compensation. Attorneys make sure that their clients have access to every available benefit and form of damages available, from wage-replacement benefits to vocational training benefits.

Remember that your final compensation award depends on many factors, including your disability level and impairment rating. If you get a lower impairment rating than you believe you deserve, your compensation will be lower. An attorney will fight for the impairment rating you need. 

How Long Will My Case Take to Resolve?

The length of time it will take to resolve your work injury claim depends on the unique circumstances of your work injury. More serious injuries, for example, may take longer. Additionally, challenges from insurance companies and employers often arise and may also lead to extended claim resolution times.

Get Help From an Experienced Work Injury Lawyer

Work injuries can lead to loss of income, piles of medical bills, and many more deep losses, both financial and emotional. If you have been injured at work, you may be entitled to significant compensation for these losses.

For a free consultation with a work injury lawyer who cares, contact Commonwealth Law Group. We are prepared to fight for every dollar you are entitled to. Call today.