Workers’ compensation is designed to ensure you have proper financial support following a job-related injury or illness.
When filing a claim, it’s generally recommended that you seek legal representation from an experienced workers’ comp attorney. But there are some instances in which you may prefer to handle the case on your own.
To help you make your decision, here are the pros and cons of hiring a workers’ comp attorney that you need to consider.
Not sure if you need a workers’ comp attorney? Call us toll-free or complete our Free Case Evaluation form online to schedule a free, no-obligation consultation to find out how we can support you.
Pros of hiring a workers’ comp attorney
Paperwork is filed correctly
Even a simple workers’ comp claim involves a great deal of complex paperwork.
Unfortunately, clerical errors and missed deadlines are two of the most common reasons why claims are denied – even when you have a valid case.
By hiring a workers’ comp lawyer, you can have confidence that all paperwork is filled out correctly and filed on time. This makes it more likely that your claim will be accepted.
Better chance of a higher settlement
A study conducted in 2018 showed that claimants who hire a workers’ comp attorney receive up to 7 times more money than those who don’t.
No attorney can guarantee that your claim will be successful. But working with an experienced legal expert dramatically increases the chance that you’ll win your case and get the greatest benefits you’re entitled to.
With plenty of money to cover your medical bills and maintain your standard of living, you can recover in peace.
No upfront fees
Most workers’ comp lawyers work on a contingency basis. That means that rather than charge an upfront fee, they take a small percentage of your winnings.
Whether you win or lose, this ensures you’re not left with a hefty bill that you can’t pay. And since hiring a workers’ comp lawyer increases your chances of getting a higher settlement, you’ll almost certainly end up with more money than you would have otherwise.
Keep Reading: Do You Qualify for Workers’ Compensation Benefits in Kansas?
Ensures equal representation
When you file a workers’ comp claim, your employer and their insurance company will recruit lawyers to handle negotiations and settlements.
Even if you have a valid claim, their job is to downplay the severity of your injuries and minimize the amount you receive to protect their clients. And unless you’re familiar with workers’ comp law and the strategies these lawyers use, it’s almost impossible to fight against them.
But with an experienced and knowledgeable workers’ comp attorney to negotiate on your behalf, you can fight for compensation on an even playing field. And even if your claim is denied, you have someone who can appeal your case effectively.
Space to relax
When you’re recovering from a work-related injury or illness, the thought of filing a complex workers’ comp claim can be overwhelming. But with a workers’ comp lawyer, you can have confidence that a trusted professional is fighting for compensation on your behalf.
Your attorney will also handle all communications and negotiations with insurance companies and legal entities. This gives you the breathing room you need to relax, de-stress, and focus on your recovery.
Cons of hiring a workers’ comp attorney
Extends the claims process
If you handle your workers’ comp claim by yourself, chances are you’ll resolve it more quickly.
You won’t have the resources to gather as much evidence or proficiently argue for a higher settlement. So you’ll save a lot of time on case building and negotiation.
When you involve a workers’ comp attorney, you give yourself a better chance to get the full benefits you deserve. But this process takes time. And even if your lawyer handles the claim on your behalf, they’ll still need your input and cooperation.
So if your highest priority is a quick resolution rather than getting enough money to support your recovery, it might be better to handle your claim yourself.
Not always the right choice
Working with a skilled attorney following a serious injury helps you gather the resources you need to make the greatest possible recovery and support yourself while you’re unable to work.
However, most at-work injuries and illnesses aren’t life threatening and don’t result in temporary or permanent disability. If your injuries are minor and you expect no lasting consequences, handling the case yourself might be quicker and simpler.
Nonetheless, it’s still worth speaking to a workers’ comp attorney to be sure you’re making the right call. Attorneys don’t want to take on a case that won’t benefit you or themselves. So if your case truly doesn’t require legal intervention, you can trust that they’ll be upfront and honest about that fact.
Keep Reading: How Long Do Workers’ Comp Settlements Take?
No guarantee of success
While hiring a workers’ comp lawyer drastically improves your chance of winning your claim and receiving more in compensation, there are no guarantees.
Every claim is unique. And your success depends on the strength and quality of the case you build.
But if your case looks unlikely to be accepted, a credible attorney will advise you as such to save you time and hassle. So it’s always worth speaking with a legal expert before you make your decision.
Can affect your relationship with your employer
Some employers see hiring an attorney to handle your workers’ compensation claim as an act of aggression or mistrust. This can negatively impact your working relationship.
Your employer is legally prohibited from retaliating against your claim. But depending on your situation, it may make returning to work awkward for you.
Book your free no-risk consultation today
In most cases, hiring a workers’ comp lawyer is the right thing to do. It gives you a better chance of having your claim accepted and helps you win more money to fund your recovery. And even if your case doesn’t require legal representation, a reputable attorney will let you know.
That means there’s no reason not to start the conversation. So go ahead and call us at Phalen Law Firm and give us the details of your case and find out whether we can support you. We have offices in Pittsburg, Coffeyville, Kansas City, and Joplin.
William L. Phalen
For 30 years, Bill Phalen has been representing families and workers whose lives have been devastated by workplace injuries, reckless drivers and the negligence of others. When tragedy needlessly strikes – because of the irresponsible behavior of an employer, corporation or an insurance company – Bill Phalen is an advocate for the people, always representing David in the fight against Goliath. Bill’s strong convictions have led to successful cases at the Court of Appeals and Kansas Supreme Court.
