Workers’ Compensation Attorneys

What is workers’ compensation?

Workers’ compensation is a no-fault system that provides people who are hurt on the job with benefits to cover some of their expenses.

In general, workers’ compensation covers: 

• The full cost of reasonable and necessary medical treatment for a work-related injury.
• A percentage (typically two-thirds) of the injured worker’s average weekly wage while the worker is unable to work due to the injury, subject to a statutory maximum that varies by state.
• Certain other benefits that vary by state.

Workers’ compensation covers both industrial accidents, which happen at a specific place and time (such as a broken leg); and occupational diseases, which happen over a period of time (such as toxic exposure or repetitive strain injuries).

What is a workers’ compensation lawyer?

A claimants’ workers’ compensation lawyer represents injured workers in workers’ compensation claims. Typically, a workers’ compensation attorney may be involved in:

• Proving that an injury was work-related, if this is disputed.
• Advocating for the medical treatment and medication that the injured worker needs.
• Moving the injured worker’s claim forward through the claims process.
• Appealing a denied claim to an administrative law judge (ALJ) or state agency.
• Negotiating a settlement with the workers’ compensation insurance carrier.

Some injured workers may also be able to file a third-party personal injury claim if their injuries were caused by someone other than their employer. Not all workers’ compensation attorneys handle third-party claims themselves, as that is a separate area of practice, but an experienced workers’ compensation lawyer should at least be able to recognize a potential third-party claim and refer the client to a personal injury attorney.

What does a workers’ compensation lawyer cost?

Workers’ compensation attorneys typically work on a contingency fee basis, which means the attorney’s fee is a percentage of the eventual recovery. There are no out-of-pocket expenses for the client.

How do I choose the right workers’ compensation attorney?

Workers’ compensation is highly state-specific and deals with nuanced applications of administrative law. It’s important to know that your attorney has experience handling workers’ compensation claims in your jurisdiction. Some states provide special certification to attorneys who meet certain criteria in the practice of workers’ compensation law.

Most workers’ compensation lawyers offer a free consultation, so you can discuss your work injury with an attorney and understand your legal options at no cost and no obligation. If you sustained a significant injury at work, it’s likely worth your while to at least speak with a workers’ compensation attorney in your area.