In 99% of cases, it is very important to have an attorney. The insurance company will have an attorney on their case, so if you’re am injured worker without a lawyer, you’re already at a disadvantage. The workers’ compensation attorney for the insurance company obviously knows the system. It’s always best to have a workers’ compensation with experience helping you, someone who knows the system and how to work within it.
For example, many workers don’t know that if you were injured on the job and you injure an extremity, be it an arm, leg, hand or foot, those cases are resolved by what’s called a Schedule Loss of Use.
Many workers don’t know that you actually don’t have to miss any work to get that type of an award. Consequently, many unrepresented workers with painful shoulder or knee injuries, may not pursue the case. There could be workers’ compensation benefits for their permanent injury to their extremity that they don’t know about.
An attorney knows how to navigate the system, especially if someone is out of work. Injured employees need their benefits and an experienced workers’ compensation attorney can fight to make sure that the worker gets everything they are entitled to, as quickly as possible.
There will be a point where you have to take a doctor’s testimony, or you have to make summations or closing statements in front of a judge. It can be very challenging, so it’s in the best interests of people who are injured at work to get an attorney.
Q: If I’m injured and don’t have any income, how can I afford a workers’ compensation attorney?
Workers’ compensation attorneys are not allowed under the law to ask for a fee in workers’ compensation cases. Some attorneys over the years have tried to get clever in terms of finding ways to charge claimants and have gotten into trouble with the State of New York.
An injured client will never pay us anything upfront. If we go to court and get benefits for you, we’re paid by the insurance carrier. For example, if the award for benefits is $10,000, we would be given a $2,000 fee by the insurance company.
None of our injured workers’ compensation clients ever pay us anything. We don’t ask for any charges for litigation expenses or any other fees, so there is nothing to fear about not being able to afford an attorney. Please meet with us for a free, no-obligation consultation, and you can leave your checkbook at home.