If I Am Injured at Work, Do I Need a Workers’ Compensation Attorney?
An on-the-job injury can feel completely overwhelming for you and your loved ones. The immediate post-injury process involves many complex steps. You must confront several urgent issues right away.
First, you need to report the injury to your supervisor. Next, you must seek appropriate medical treatment. Your employer will also provide a lot of paperwork. This includes a Notice of Rights and Duties and accident reports. Finally, you must determine if your insurance carrier will cover wage loss and medical bills.
After completing these initial steps, a new question often arises. Do you really need a workers’ compensation attorney to protect your rights? Is it worthwhile to pay a portion of your benefits for legal representation?
Let’s face it. Many people avoid hiring a lawyer because they fear the associated expenses. We have all heard stories about high hourly rates and expensive legal bills. These stories make injured workers wonder if a lawyer is a good investment.
Fortunately, the Pennsylvania workers’ compensation system offers strong legal protections regarding attorney’s fees. First, these fees work on a contingency basis. This means lawyers do not charge by the hour. Instead, they only get paid when they successfully secure your benefits. This occurs through a settlement, court order, or formal agreement.
Therefore, you and your lawyer share the same goals. A larger financial award benefits both of you. This alignment removes financial tension between you and your legal counsel. Both parties want the exact same positive outcome.
Second, state law strictly caps the contingency fee percentage. In a PA workers’ comp case, the fee cannot exceed 20 percent of your benefits. This cap applies to weekly wage loss payments and settlements. You should always ask your lawyer how they calculate this fee. Find out if it applies to both wage loss and medical benefits.
A recent shift in the law technically allows fees on medical bill payments. You and your lawyer must establish a clear agreement on this structure. You need to feel entirely comfortable with the arrangement.
Finally, a lawyer cannot charge any fee without official approval. A workers’ compensation judge must issue a written order approving the fee agreement first. Every fee agreement you sign undergoes formal judicial review. This unique element of Pennsylvania law provides extra protection for injured workers.
Reputable workers’ compensation law firms will cover your upfront litigation expenses. They manage the costs of gathering medical records and hiring medical experts. They also pay for court transcripts and deposition fees. Your attorney takes on this financial responsibility. State law provides reimbursement for these costs if your case succeeds. Because of this, trusted law firms willingly assume the initial financial risk.
You should also consider the intense complexity of Pennsylvania workers’ compensation law. The state’s system has evolved significantly over its 100-year history. Lawmakers routinely pass new regulations, statutes, and precedent-setting decisions.
These complex rules make navigating a case on your own incredibly difficult. Even general practice attorneys struggle without specific experience in this field. Taking on the insurance company without a qualified specialist is nearly impossible.
Facing a work-related injury is incredibly stressful. Fortunately, hiring an experienced workers’ comp lawyer is well worth the investment. Partnering with the right attorney puts your case in the best position for success.