How to Get a Lawyer to Take Your Work Injury Case

Before having a work injury lawyer take over your employment-related injury or illness claims case, you must consider the potential benefits and losses associated with this decision. In most cases, a workers’ compensation claim for injuries sustained while in a work capacity are resolved without legal intervention, through a simple claims process with your employer or their workers’ compensation insurance coverage provider. However, if a dispute arises during this process, you may then start to seek out legal counsel for help.

Based on a number of factors, both in the interest of the attorney and the injured individual, an attorney may be willing to provide his or her services for your work injury case. The final determination of an attorney on whether or not to take over a given work injury claims case will most likely be based on the viability of a claims case in the courts and the overall amount of compensation a victim can reasonably demand, of which a portion will be provided to their acting legal counsel taking the case on a contingency basis.

Dispute Exists, but Is Remedy Worth Lawyer’s Involvement?

From the perspective of an attorney, any injured worker’s case may be taken on a contingency basis, flat fee, or hourly basis. If a given dispute can be remedied without leaving the workers’ compensation claims system, an attorney will most likely not accept a case on a contingency basis. If an injured worker client is willing to pay for legal assistance on a flat fee or hourly basis rate, the attorney, at his or her discretion, will be more apt to help. However, in certain exemptions to standard workers’ compensation laws, which vary by state as well, an attorney may be able to file a suit outside of the workers’ compensation program in a given state on behalf on an injured client’s claim. These cases, which are more complex and ultimately may reap larger payouts, may prove of interest to an attorney.

Bringing a Case Outside of the Workers’ Compensation System

In instances where a given workers’ compensation dispute has larger implications and results in grounds for filing a lawsuit in the civil court system, an attorney may be more interested in taking over these claims cases on a contingency basis. From the perspective of an injured worker seeking to have their case accepted on a contingency basis, providing facts and other documentation relevant to your injury case, which may promote the possibility of a lawsuit in the courts on a large number of grounds, is helpful. Some potential work injury claims cases that an attorney may consider to take on a contingency basis include:

Claims stemming from reckless, wanton, grossly negligent, or illegal practices of an employer

Claims stemming from work-related injuries involving defective or dangerous products, materials, or equipment

Claims involving work-related illness and injury stemming from toxic substances in the workplace, typically prolonged exposure type claims

Claims against an employer that does not carry workers’ compensation insurance, or one with workers’ compensation insurance, but insufficient coverage to meet the compensation demands of an injured worker

Claims involving temporary or permanent disability, including those that involve more than just lost income earning capacity and routine medical bills

Claims against an employer from an injured worker that have a clear and legally viable correlation to discrimination in the workplace

Claims stemming from workers’ compensation disputes where an employee is denied compensation rights, which may tie into illegal practices, discrimination, and other legally viable grounds for actions

Claims involving third parties, rather than their injured workers’ employer directly

Getting the Attention of a Appropriate Employment Attorney

Especially with injury claims related to employment, varieties of private and public organizations are in place to provide legal counsel and other assistance to injured workers. They too will determine the amount of assistance to provide based on the viability and strength of a given claims case, as well as on other factors unrelated to a given injured worker per se. These organizations may be interested more in the publicity a given legal claims case may provide, rather than the ultimate amount of compensation they will receive, which will often get the attention of a privately practicing attorney or lawyer.

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