What to Expect Your First Consultation With a Workers’ Compensation Lawyer

According to the Bureau of Labor Statistics, there are roughly 75,000 work-related injuries in Virginia every year, and slightly more than 100 result in fatalities. Most of those people — or family members of the deceased — are eligible to receive workers’ compensation benefits, but a workers’ compensation lawyer is sometimes needed.

This is because workers’ compensation benefits are typically paid by private insurance companies. Those companies make a profit by paying less in benefits than they receive in premiums. As a result, they have a financial incentive to deny or undervalue workers’ compensation claims.

Thus, if you are seeking workers’ compensation, the best way to avoid getting fleeced by an insurance company is by consulting with a workers’ compensation lawyer as soon as you get injured. Initial consultations are free and will give you insight into what to expect during the process and whether it will be worth it to hire an attorney.

Insight Into How Workers’ Compensation Works in Virginia

Unless you are one of the rare people to have been seriously hurt on the job more than once, you probably don’t have much insight into the workers’ compensation process in Virginia. Workers’ compensation lawyers expect you to be unfamiliar with the process during your initial consultation.

After a likely brief introduction, the attorney will usually explain what you should expect from the workers’ compensation process in Virginia. Your attorney wants you to understand the basics of the process, the expected timeline, and how to find the Virginia Workers’ Compensation Commission resources you might need.

Explaining the process also has the benefit of ensuring that you aren’t surprised by the results when your case is over. Some potential clients believe that they can get enough money to never have to work again. This is typically an unrealistic expectation that experienced attorneys try to dismiss as quickly as possible.

Questions From the Workers’ Compensation Lawyer

You should also expect the workers’ compensation attorney to ask you several questions. The initial consultation is the first opportunity for the lawyer to understand the circumstances of your case.

Lawyers will typically want to thoroughly understand your case before deciding whether to represent you. They will ask what happened, whether there is any supporting evidence, and whether any witnesses were present. The lawyer may also ask for permission to speak with your doctor and look over your medical records.

If you aren’t willing to answer every question honestly, the attorney will probably refuse to take your case. Honesty and openness are critical in the relationship between a personal injury lawyer and their client.

Even if you are honest, the attorney might refuse to take your case after you answer their questions. Lawyers are ethically required to respect the law. If the law isn’t on your side, they probably can’t win your case, and a workers’ compensation attorney usually won’t represent a client when they believe they can’t win.

Review of Any Documentation You Brought

If you have any documentation regarding your claim, you should bring it to the initial consultation. Most likely, you won’t have much documentation yet. However, assuming you received medical attention, you should have medical records and bills. The lawyer will want to look at these to get a better understanding of the extent of your injuries.

Discussion About the Next Steps and the Cost

If the attorney decides to take your case, the final part of the consultation will usually be a discussion of the costs and the next steps to take.

Lawyers are required to explain their fee structures before they charge you anything. If you don’t agree to the fee structure, you can back out of hiring the lawyer at no cost to you. However, if you do agree to it, you will be presented with a binding contract to sign.

Finally, while the attorney may have explained the basics of the process near the start of the consultation, that was before they understood the details of your case. Once they learn more about your situation, they will craft a personalized approach to your case. The lawyer will explain the plan in greater detail before ending the initial consultation.

FAQ

How Much Will a Workers’ Compensation Lawyer Cost Me?

Most workers’ compensation lawyers in Virginia charge a contingency fee. This means that your attorney will get a percentage of the money that they win for you at the end of the case. If they are unable to successfully get you money, they don’t get paid.

Can a Virginia Workers’ Compensation Lawyer Help Me if My Claim Is Denied?

Typically, you will be better off if you consult with a lawyer before you make a workers’ compensation claim. Doing this can help prevent the insurance company from denying your claim at the beginning. However, if you waited until after getting denied, your attorney can still represent you during the appeals process.

Do I Have to Accept a Settlement Offer From the Insurance Company?

No. If a settlement undervalues your claim, you do have the right to refuse the offer. Your lawyer can determine whether a settlement offer is fair. If you refuse it, you may be able to continue negotiating, or you may have to file a lawsuit to get fair compensation.

Consult With a Workers’ Compensation Attorney at Commonwealth Law Group Today

If you or a loved one was seriously injured in the workplace in Virginia, you may be eligible to get workers’ compensation. Navigating the process can be tricky for someone who is unfamiliar with how workers’ compensation works in Virginia.

Contact our law firm immediately to schedule a free consultation with a knowledgeable and friendly workers’ compensation lawyer.