Queen. . . about your experience trying to get an attorney . . .

An attorney will not take your case unless they have a reasonable expectation that they can help you. I have stated before I strongly object to the blanket advice given many on comp that they must get an attorney. This usually comes from the idea that we must get more from our claim than is allowed, and that is what an attorney can do.

The main reasons to get an attorney to represent you in a W/C claim are:

1. Your compensable claim is denied.
2. There is a delay or denial of benefits that are clearly due you. This can be medical or time loss benefits.
3. Your claim is closed without your doctor agreeing that your condition is resolved.
4. Your claim for a serious injury with obvious permanent disability is closed without a disability evaluation or award.
5. Your employer fires you (or retaliates in any way) for filing a claim.
6. Your employer refuses to supply you with a claim form or in any other way tries to discourage you from filing a claim.
7. Your disability rating appears to be unreasonably low. An attorney may be able to help you get your disability reevaluated to consider aspects not before included, or increased based on new information.
8. It appears you may never be able to work again. You may need a lawyer to help you get a worker's compensation pension award.


NOT reasons to get an attorney:

1. Because everyone says you will need one. Why not wait until you see that you need legal help?
2. To get even with your employer. Do not drag your negative feelings about your employer into your claim. It is common and it is destructive, and usually leads to discharge for some other unrelated cause.
3. To get more. The laws of your state set parameters for the benefits you will qualify for. Only until after you have exhausted these should you see if you might benefit from paying an attorney to help you get benefits you feel you have not been awarded.
4. To make your employer treat you better. Most w/c lawyers are not the same as employment lawyers. . . and the issues you have with your employer are rarely resolved in the w/c arena. Your claim does not entitle you to an easier job, or better job security, than other workers. An attorney will not be able to change that.
5. To get rich off your claim. This is a myth. It is driven by hearsay about others who never had to work again after their "settlements." Back injuries and ACL tears are very common, and many people work long after their injuries make working less comfortable. Even a comp pension has limits as to what you will be paid.
6. To collect for your pain. Or the fact you are now divorced. Or forced to move. Or had to file bankruptcy. There is no pain and suffering or punitive damages in w/c.

The number one and number two complaints about attorneys are: they are rude to potential clients and they do not return your calls. And remember, once you have an attorney representing you, all communication must pass through his rude, uncommunicative self!!!! That means you will no longer be able to call your claims person to ask where your check is. . . you will now have to call your attorney when your check is late!