If you are reading this, you or someone close to you, has been injured at work. I understand completely. A few years back, my family member slipped a disc while working in construction. Initially, we thought it would be a simple claim for worker’s compensation, but months went by without the confusion, while we made phone calls that went to dead ends and got counsel that was unhelpful. That experience went on to teach me what workers comp lawyers won’t tell you, and I honestly wish someone would have given this information from the beginning.
So, let’s do this without any complexities. I will use simple and clear language without any convoluted legal language. I will explain the things that most people have to suffer through in order to learn.
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Why This Question Even Matters
When looking at the workplace compensation system from the outside, it seems simple. You get injured at work. Your employer pays for your medical care and covers a portion of your lost wages. Case closed, right?
Not really.
In a real life situation, the system is convoluted and it is designed in a way to make it difficult to obtain justice.
Additionally, worker’s compensation lawyers do not give away all the information. This is not to say they are amoral, it is simply how the system is set up. They are designed to think in the long run and simply do not get compensated for it. That’s where knowing what workers’ comp lawyers won’t tell you can make a real difference.
1. You Don’t Always Need a Lawyer (At Least Not Right Away)
Many people are surprised to learn that for certain cases, you may legally be able to self-represent for your worker’s compensation claim. While the process is often easier with the help of an attorney, there are many types of worker’s compensation cases that involve simple and uncontested claims that do not require the assistance of a workers compensation attorney, like minor injuries, straightforward accident reports, and cooperative employers.
That said, here’s the bottom line:
You might be okay going it alone. But, and this is a big but, claims have the potential to become “not simple” rather quickly.
2. Quick Settlements Usually Favor the Lawyer, Not You
One of the biggest truths of worker’s compensation is that the quicker the settlement is, the more favorable it is for the attorney.
I remember hearing, “This is a solid offer. You should take it.” What no one said was that injuries can become more complicated and worse. And it did.
Fast settlements usually:
If you’re asking, when will workers’ comp offer a settlement, the answer may be: sooner than what is best for you. Insurance companies love early settlements because they close the file cheaply.
Patience, though uncomfortable, often pays off.
3. You Might Have More Flexibility With Your Doctor Than You Realize
Most injured workers think they are required to see the doctor selected by the insurance. But that’s not always the case.
Depending on your state’s rules, you may be permitted to:
Workers’ compensation attorneys often skip over this, but your doctor’s perspective on your case is critical. The right doctor can capture the full extent of your injury. The wrong doctor can say nothing, and yet still dismiss your injury.
4. The IME is Not Actually Independent
Every injured worker has heard of the so-called IME. It sounds neutral and scientific. But trust me, that is not the case.
An Independent Medical Exam is a requirement of the insurance adjuster and is paid by the insurance company. Consequently, the IMEs are notorious for:
Unfortunately, many injured workers think the IME is a simple appointment like the rest, but in reality, this is likely the beginning of the end.
5. A Paralegal May Be Handling Your Case
This one stings a little.
In big companies, the lawyer whose name appears on the company billboard might not even work on your file. Daily tasks are usually assigned to:
That doesn’t automatically mean poor representation, but if communication is bad or deadlines are missed, your benefits can stop. And yes, that happens more often than people realize, sometimes due to simple administrative errors.
6. Future Costs Tend To Be Overlooked
Here’s a tough one: some attorneys only look at today’s invoices and costs.
They may not consider:
This is especially true for back injuries, stress injuries, or injuries that degrade over time. A settlement that looks “good” appears painfully insufficient in the future, after 5 years.
7. You Can Fire Your Attorney (Yes, it’s True)
An attorney firing your workers’ comp attorney is possible. If no one has told you this, you may be losing your workers’ comp case by firing your attorney.
While some may imply otherwise, you can change workers’ comp lawyers. In most cases
You are entitled to attorneys that care.
When to Hire a Workers’ Comp Attorney
When should a workers’ comp lawyer be brought on?
In my opinion, you should definitely do it if:
At this stage, it’s like trying to persuade an insurance adjuster to give you what you deserve, while they know the ins and outs of the insurance policies, and you are still trying to figure out how the policies work.
The Emotional Side No One Talks About
The emotional impact was the most shocking to me, not the mountain of paperwork.
When injuries impact your identity, your income, your self-confidence and then the stress of delayed benefits, quick is the stress. That’s why communication is key. A great lawyer makes the effort to explain the complexities, and the reasons why, to their clients.
And that captures the essence of what makes the most difference in a situation outlined in What Workers’ Comp Lawyers Won’t Tell You:
Knowing all the details of your situation is the most empowering outcome of a lawyer/client relationship. A client that fully understands all the circumstances surrounding a claim, cannot be pressured or manipulated into making a regrettable choice.
How to Protect Yourself (Even Before Hiring a Lawyer)
A few practical tips I wish we’d followed earlier.
A lawyer missing the opportunity to clearly articulate their understanding of your case is a very large red flag.
Final Thoughts
The approaches lawyers take in workers’ comp cases range widely. A small group of fast-track advocates are here to help you with the most important steps in the process, long-term, fast. The focus of most fast-track advocates is on quick outcomes.
From the outset, my goal was to reach those who have yet to experience the pain, fear, and confusion of an unresolved injury. The fear of the unknown is always debilitating. However, in my experience, the unknown can also yield positive results, as was the case with my lawsuit.
As the settlement offers kept coming, I lost track of offers and drafts. Assuming the offers were worth my time, I reviewed and edited drafts of offers on four separate occasions. What was unusual about my situation was that the defendant’s offer kept increasing. While I cannot claim to be a settlement expert, I can offer the following tips.
Negotiating, I was able to have a defendant’s draft offer increased, to my venture’s loss.
From the conquest of my lawsuit, my only remaining task is to extinguish the inevitable disappointment I will face once my lawsuit concludes. The more I want something, the more I will inevitably miss it once I finally have it. I’ll be left with nothing but the bitter taste of my dream time in my lawsuit, and the aspirations of defending my hopes that my lawsuit will bring me.
