The Role of Attorneys in Workers' Compensation Cases: What You Need to Know


Sustaining an injury on the job can be a life-altering experience, and when it happens, a crucial decision you may have to make is whether to hire an attorney to help with your workers' compensation case or handle everything on your own. In most cases, it is always advisable to hire an experienced attorney who can help you navigate the legal process and ensure your rights are protected. Here's what you need to know about the role of attorneys in workers' compensation cases.

Initial Consultation

When you first meet with your attorney, they will ask you to explain how your injury happened, provide details on any treatment you've received so far, and gather any medical report that you have. They will also explain your legal rights to you, assess the potential of your case, and provide you with a legal strategy going forward. You do not have to pay for this initial consultation as most lawyers offer free consultations.


Your attorney will interview possible witnesses, gather additional photos and videos of the accident scene, request medical reports or conduct a medical examination, and collect any other evidence that may strengthen your case. They will also obtain copies of your medical bills, lost wages, and other expenses incurred as a result of your injury.

Negotiations and Settlements

Your attorney will use all the evidence gathered during the investigation to strengthen your case and negotiate with the insurance company or the employer's lawyer to obtain a reasonable settlement that offers fair compensation for your damages. If an agreement can be reached, then your attorney will draft the necessary legal documents, and you'll sign the agreement. If a settlement cannot be reached, your attorney will file the lawsuit on your behalf and represent you in court.

Court Proceedings

In the event that your case goes to trial, your attorney will represent you. They will call witnesses, introduce evidence, and do everything necessary to ensure that you receive fair compensation for your damages. They will also advise you on things such as the right language to use when speaking in court and the kind of questions the judge might ask.

Legal Fees

Workers' compensation attorneys are usually paid on a contingent fee basis, which means that they only get paid if you receive a settlement or a judgment in your favor. In most cases, the fee is usually a predetermined percentage of the settlement amount, which you'll pay the attorney at the end of your case. This means you don't have to worry about paying legal fees out of pocket, so you can focus on getting better.

Reach out to a workers' compensation attorney near you to learn more.


26 October 2023

why you need to hire an attorney

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