You may be entitled to workers’ compensation benefits if you suffered a workplace accident and serious injuries. However, some insurance companies and employers try to avoid paying claims, making it important to retain an experienced workers’ compensation attorney to fight for you. But before you hire an attorney, it’s important to ask questions to make an informed decision. When you meet with a prospective workers’ compensation lawyer, use the following questions to determine whether you trust them to represent you competently and professionally.
1. How Long Have You Practiced Workers’ Compensation Law?
Choosing a lawyer with little experience is not a good idea. You don’t want your attorney to have to learn on the job while representing you. Ask a prospective workers’ compensation attorney how long they have been licensed to practice law and how long they have handled workers’ compensation claims.
2. What is Your Record in Workers’ Compensation Cases?
While an attorney’s record in past cases isn’t a guarantee of your claim’s outcome, it can give you a general idea of the attorney’s competence. Ask about their success rate, including the percentage of claims they have settled favorably or won at hearings. The lawyer should be prepared to answer this question. If they avoid answering you or appear to be embellishing what they have accomplished, keep their reactions in mind as you ask more questions.
3. What Benefits Should I Qualify For?
Ask about the types of benefits you should qualify for and how much they might be. At a minimum, you should receive compensation for your medical expenses. You might also be entitled to temporary or permanent disability benefits for your lost wages or reduced earnings capacity.
4. What Is Your Fee Structure, and Will I Have Out-of-Pocket Costs?
Most workers’ compensation lawyers offer a contingent fee. This arrangement means you won’t have to pay upfront fees. Instead, your attorney will only charge a percentage of what they recover for you through a settlement or favorable verdict.
5. What Is the Statute of Limitations for My Claim?
The statute of limitations sets a deadline for filing your workers’ compensation claim. In Missouri, you must file your compensation claim with the Division of Workers’ Compensation within two years of your injury date or the date of the last payment you received because of your injury. An attorney should be able to explain the statute of limitations and how it might affect your case.
6. Who Will Work on My Case?
Some law firms have associates or paralegals who might help your attorney with your case. In other cases, you might only work with one attorney throughout your representation. You’ll want to know who you will be working with and the point of contact while your claim is pending. If you will be contacting a paralegal or associate attorney during your case, you’ll want to meet them and evaluate their communication skills and your comfort level.
7. Do You Have Trial Experience?
Most workers’ compensation claims are resolved through settlements. However, you will still want to make sure your attorney has experience representing claimants in administrative hearings and trials. An attorney who has litigated claims in the past will be more confident representing you if your case doesn’t resolve in a settlement.
8. Have You Represented Anyone With Similar Injuries?
An attorney who has represented someone who suffered injuries like yours in the past will have a better understanding of how they impact your life, your likelihood of recovery, your ability to work, and your ability to engage in activities you previously enjoyed.
9. Can I File a Lawsuit?
Missouri’s workers’ compensation system generally prevents you from filing a lawsuit against your employer. Since you have the right to file a compensation claim without having to prove negligence, you can’t sue your employer. However, you might be able to file a lawsuit against a third party that negligently caused your injuries while you were working while simultaneously pursuing a workers’ comp claim. This scenario typically arises when an employer is one of several contractors working at the same worksite, and an employee is injured because of the actions of a different contractor company.
10. What Should I Say to the Doctor?
A good attorney will tell you to always be honest about your symptoms and injuries when you meet with a medical doctor. If you try to embellish anything, the doctor and the insurance company will likely believe you are malingering. Be forthcoming, honest, and factual, but do not speculate. Avoid any lawyer who tells you to alter details about your injuries to try to influence your claim’s value.
11. What Are the Weaknesses of My Case?
An attorney should identify the weaknesses and issues present in your case. This is important for anticipating issues that could arise during your representation so your lawyer can be prepared.
Looking for a Workers’ Compensation Attorney?
To learn more about your case, schedule a free consultation with an experienced workers’ compensation lawyer at the Law Offices of Bryan Musgrave. We can provide an honest assessment of your case and explain your rights. Call us today at 417-322-2222 or contact us online.