• Maurice L. Abarr

When Do I Need an Attorney? Workers’ Compensation


In Workers' Compensation cases, the need to hire an attorney varies depending on your specific situation. Make sure you know that whether you want an attorney or not it is up to you, but you do always have a right to an attorney, no matter what.


An Attorney is Recommended When…

If your work-related injury or illness requires surgery, you should hire an attorney. Doing so will help get the compensation you deserve in order to alleviate the high cost of medical bills because of the surgery. Also, if your work injury or illness is severe to the point where your physician or treating doctor tells you your condition will not return to how you were prior to the accident, and thus you will not be able return to work. In this situation, you should hire an attorney to help you obtain Permanent Disability Benefits. Similarly, if you feel that you will be able to continue working, but not at your current job, hiring an attorney can help ensure you get the Temporary Disability Benefits you need, in order to recuperate and find a new job. Your attorney can also help you find a new job and/or get the training you need to start new job. If you have filed a claim and got denied, or are unhappy with the decision, you can hire a Workers’ Compensation attorney to help you appeal the decision. In some cases, there is disagreement between the injured worker and the employer or the employer’s insurance about the Workers’ Compensation claim, if this is your situation, you should reach out to an attorney as soon as possible to make sure you get the proper compensation you rightfully deserve.


Where Can You Get An Attorney?

Attorney are available everywhere, and many offer a free consultation. During the consultation, the Workers’ Compensation attorney reviews the facts of your case and advises you whether you need an attorney to help represent you in your case. If you want to appeal a decision, they will also advise you how likely you are to succeed. During the consultation the attorney should also tell you if they can help you or if they will not take the case, if the latter happens, they may refer you to another of their colleagues.


Many injured workers fear hiring an attorney because of the cost, but that should not matter. The majority of Workers’ Compensation attorneys will represent you on a contingent basis, meaning they only get paid if they win. Attorneys’ fees are covered by whomever pays for your compensation benefits, be it your employer or their insurance company. Their fees will come out of your monetary compensation, but if you don’t win your case, the attorney will not charge for helping you along the way.

If you are choosing to hire an attorney make sure you reach out to them sooner rather than later. It will be easier for an attorney to help gather the evidence required to win your case if you contact them when you are starting to file for Workers’ Compensation.


You Don’t Really Need An Attorney When...

It is not necessary to hire an attorney when you have a minor injury in which you will recover in a span of a few days or a couple weeks of rest and/or treatment. Also, if you expect to return to work with your employer after recovering you don’t need to hire a work comp attorney, since the injury will not result in any permanent disability. However, if you’ve suffered an injury, receive the benefits necessary and the time necessary to recover, and your doctor advises you that it is okay to return to work, but you do not feel able enough to return to work and you are not comfortable signing a settlement, you should contact an attorney for free consultation to go over your case and they will advise you further.


If you have any questions, concerns, or want you case evaluated for free, contact us. We have served injured workers for 43 years, let us help you get the benefits you deserve.

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201 E. Sandpointe Avenue, Suite 480, Santa Ana, CA 92707
(714) 543-8416
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