What Exactly Does A Workers' Compensation Lawyer Do?

A workers' comp attorney deals with the cases of workplace injuries. Accidents are very common in the workplace. For example- back injury due to lifting heavy boxes, broken arm or leg due to a fall off, or injuries while operating heavy machines, etc. A workers’ compensation attorney Sunrise helps the workers who are injured on the job recover their compensation for injuries along with their medical bills and lost wages.

The workers' compensation laws have been formulated that allows the workers who have suffered injuries at the workplace to receive few benefits depending on the type of injury. The benefits offered are as mentioned below:

  • Medical benefits
  • Permanent total disability benefits
  • Permanent partial disability benefits
  • Temporary partial disability benefits
  • Wage reimbursement benefits
  • Vocational rehabilitation benefits

When to see a workers' comp attorney?

The common issues that the workers' compensation attorney deals with are:

  • Fall from a height
  • Injuries while lifting loads
  • Repeated strain injuries
  • Automobile injuries
  • Injuries suffered due to equipment malfunctions

If the worker is killed on the job then his family member can consult the workers' comp attorney about filing the lawsuit.

Duties of a workers' compensation attorney

A workers' compensation attorney who represents the case of the injured workers aims at helping them obtain the benefits provisioned under the workers' compensation laws. The workers' comp attorney who is from the defendant side i.e. from the employer or the employer’s insurance company side would try to mitigate the liability of his party.

Below mentioned are some of the typical job functions of a workers' compensation lawyer:

  • Gathers medical evidence and medical records
  • Takes views of the claimant, physicians, medical experts and other involved parties
  • Does detailed discovery and legal research
  • Keeps himself up-to-date of the current developments in the law
  • Drafting the pleadings, findings of fact, motions, briefs, opinions and other legal documents
  • Litigates the cases before a judge or referee

The workers' comp claims may fail without a solid and comprehensive medical proof so the most important responsibility of an attorney is to collect the medical proofs.

Duties of a specific claimant attorney

The workers' comp attorney from the claimant side should have knowledge of the claims filing process. However the attorney should also be compassionate towards the injured party. Following are the duties of an attorney from the claimant side:

  • Addresses all the questions of their clients
  • Provides guidance through the workers' comp process
  • Contacts medical providers and completes paperwork regarding the claim
  • Represents the interests of the claimant at the time of hearings, trials, depositions, oral arguments, mediations, arbitrations and other proceedings
  • Assists the worker who has suffered injury with benefits, including appropriate medical care
  • Communicates with the supervisors on the condition of the injured worker
  • Negotiates settlements on the claimant’s behalf

Necessary skills and knowledge

The workers' comp attorney should have the following skills in addition to the essential legal skills:

  • Litigation and good trial experience
  • Working knowledge of the workers' compensation laws and procedures
  • Oral and written communication skills
  • Research and analytical skills
  • Should be able to handle large caseloads and deal with multiple priorities and deadlines
  • Good negotiation skills
  • Should be able to work independently and also in a team environment
  • Technology skills like proficiency with Microsoft Office software and legal research platforms like Lexis and Westlaw
  • Should be able to understand the medical, scientific, construction, products, engineering and similar issues related to workers' comp cases

The workers' comp lawyers must have an undergraduate degree, should have completed four years of law school and obtained the license by passing the bar exam in the state where they want to practice.

What does a Workers’ Comp Attorney charges?

Lawyers have different approaches on how much to charge for the cases. Many lawyers charge on a contingency basis i.e. payment is not done upfront and the lawyer takes a percentage only if he wins your case. The charges can vary from 10-40%. Some workers' comp attorney charges on the hourly basis. Different places have different rates.

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  1. This blog beautifully outlines the essential duties of a workers' comp claimant attorney. It emphasizes both expertise in the claims process and a compassionate approach towards the injured. Understanding and advocating for the needs of the injured party is crucial, and this blog captures it eloquently. Well done!
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