April 25, 2023

Pros and Cons of Hiring a Workers’ Comp Attorney

Understanding the pros and cons of hiring a workers' comp attorney is crucial, especially when no one should have to worry about whether or not they’re going to be injured while they’re working. If it’s not your fault, then action should be taken. A lot of the time, workers who have been injured in the workplace are concerned over the consequences of hiring a worker’s compensation attorney, because the situation could escalate due to your actions.

The problem is, many who are injured in the workplace are left with long-lasting or permanent conditions that prevent them from returning to the job they were doing. You deserve compensation for your injuries, and the employer whose negligence caused them should provide it. Otherwise, a similar incident could easily occur for someone else.

pros and cons of hiring a workers comp attorney

Here are some of the pros and cons of hiring a workers’ compensation attorney for yourself:

The Pros of Hiring a Workers’ Comp Attorney

  • Representing yourself in court is far too risky, and you will likely not see all of the benefits and compensation you are due. Having an experienced workers’ comp attorney representing you will ensure that you get what you’re owed.
  • Workers' compensation cases can involve intricate legal procedures, documentation, and deadlines. An experienced attorney is well-versed in maneuvering through these complexities. This ensures that your case is handled correctly from start to finish. Their knowledge of legal protocols can help prevent errors that might jeopardize your claim.
  • Often individuals who are injured in the workplace can feel alone and isolated, especially if they’re unable to return to work. It can be difficult to get answers. Your workers’ comp attorney can answer any questions or concerns you may have before pushing forward with a case. 
  • Recovering from your injury should be your top priority. Your workers’ comp attorney can handle the calls to your insurance company, as well as any other discussions needed while you focus on healing. 
  • If you’ve already applied for compensation on your own and were denied, you shouldn’t give up there. An experienced workers’ comp attorney can appeal that claim and have it turned in your favor. Just because you were denied initially, it doesn’t mean your claim is worthless.
  • Someone seeking compensation on their own might not know how much their claim is worth. It’s because of this that you might settle for something that you’re offered - not knowing that you’ve been given a lower number than you deserve.
  • Insurance companies aren’t always going to cooperate. This can be difficult to handle when you’re seriously injured. Having an experienced workers’ comp attorney can solve that entire situation.
  • You can have peace of mind knowing that you’re going to come out with the best outcome possible. Handling things on your own may leave you wondering whether or not you asked enough, collected enough evidence, etc. Your workers’ comp attorney will ensure that you’re aware of all the details you need to know.
  • Something that is often overlooked by those representing themselves in court is the importance of wording things correctly. If your agreement isn’t worded in a way that benefits you, you may lose out due to loopholes left in the agreement. Your workers’ comp attorney will ensure that your agreement is watertight, and serves to work to your benefit.

More Benefits of Retaining a Workers' Compensation Attorney

Assistance with Paperwork

Your lawyer will ensure that all required paperwork is filed correctly and promptly. Late or incorrect filings can result in claim denials, but an attorney can help prevent such errors.

Increased Likelihood of Success

The expertise of a workers' compensation lawyer often boosts the odds of a successful claim. They understand the legal system and work to maximize your compensation. They will inform you of your rights and navigate the entire process.

Appealing a Rejected Claim

If your workers' compensation claim is denied, an attorney can manage the appeal. Injured workers generally have a higher success rate in appeals with the help of a seasoned workers' compensation lawyer. The appeals process can be complicated, but your attorney can ensure all necessary steps are taken.

Equal Representation

Your workers' compensation attorney can effectively negotiate with insurance companies. Insurers typically have a seasoned legal team focused on minimizing payouts. A skilled professional on your side can ensure you're adequately represented in any disputes.

Concentrate on Your Health

Workers' compensation claims can be time-consuming and require evidence to prove eligibility. Adjusters may not respond to emails or phone calls. A Shultz legal attorney can make sure they stay in touch by filing penalties or sanctions against the responsible party. Your lawyer will handle the legal aspects, allowing you to focus on recovery.

Defending Your Claim

Insurance companies may try to take advantage of unrepresented injured workers. They use tactics that can undermine your workers' compensation claim, such as convincing you to sign Form 105. A workers' compensation attorney can prevent these situations, improving your chances of receiving compensation.

With legal representation, insurance adjusters are less likely to contest your claim to avoid legal disputes. Moreover, workers' compensation judges often prefer working with experienced attorneys, which can further increase your chances of success.

The Cons of Hiring a Workers’ Comp Attorney

  • Sometimes hiring an attorney following an injury in the workplace is frowned upon or considered aggressive. Some employers may even suggest against it, however, compensation is due - and you may not be given the entire amount unless you have the correct legal representation.
  • Organizing meetings with your attorney while you’re trying to recover, or get back to work, can be quite difficult - especially if you’re trying to be discreet. It could take you longer to bring your case to court, which is difficult for those who need their compensation as soon as possible.
  • Legal representation can be expensive, and hiring an attorney to represent you during your case is going to take from your compensation. On one hand, you’re having to pay to have legal representation - on the other hand, you may be getting more compensation than you would have been given without the right representation.
  • Hiring an attorney might be associated with heightened emotions and concerns about privacy. Some individuals worry that their personal matters will be exposed during legal proceedings. This emotional strain can add to the challenges of recovery and returning to work.

While there are both pros and cons to hiring a workers’ comp attorney, you should recognize that having the correct legal representation stands to bring you more benefits. Most workers’ comp attorneys work based on contingency fees, which means that your attorney won’t be paid until you’ve won the case. This is most favorable to those who cannot afford the correct legal representation, as the payment won’t have to be given until the compensation has been paid out.

Contact Shultz Legal Today for Worker's Compensation Representation

Shultz Legal is dedicated to providing exceptional representation for injured workers, striving to ensure that they are not left unrepresented in their struggle for fair compensation. Our expert lawyers possess the knowledge and experience necessary to navigate the complexities of work injury cases and will fight for you every step of the way, even advocating for your right to receive medical treatment for the rest of your life.

Don't become a statistic among the 76% of injured workers who go unrepresented. Take action now and secure the assistance you need in your fight for justice. Call Shultz Legal at 410.505.7627 for a consultation or schedule online and let their team of experts be your voice and champion in your struggle for fair compensation.