Workers' Compensation Attorney FAQ

Frequently Asked Questions

What is workers' compensation?

A state-mandated insurance program providing benefits to employees injured on the job, regardless of who was at fault.

What benefits am I entitled to?

• Medical treatment for the injury
• Lost wage benefits (typically 60-80% of wages)
• Permanent disability if applicable
• Vocational rehabilitation
• Death benefits for survivors

How much does a workers' comp attorney cost?

Most work on contingency with state-regulated fees, typically 15-25% of recovery. No upfront cost.

Will I lose my job if I file?

Retaliation for filing workers' comp is illegal. However, employers sometimes find pretextual reasons to terminate. An attorney can help if this happens.

What if my claim is denied?

You have the right to appeal. An attorney can:

• File the appeal
• Gather additional evidence
• Represent you at hearings
• Negotiate with insurance

Do I need to see a specific doctor?

Depends on state law:

• Some states allow employee choice
• Others require employer-selected doctors
• Some have approved networks
• All require treatment from authorized providers

How long do I have to report an injury?

Varies by state, but generally:

• Days to weeks to report to employer
• Days to months to file claim
• Don't delay — earlier is better

What if my injury is from repetitive stress?

These are compensable, but require:

• Medical diagnosis
• Connection to work activities
• Often require physician statements

Can I sue my employer?

Generally no — workers' comp is the exclusive remedy. However, exceptions exist:

• Intentional harm by employer
• Third-party defendants
• Defective products

What's a "third-party claim"?

If someone other than your employer caused your injury, you may have a separate personal injury claim. These can provide additional compensation beyond workers' comp.

How is my disability rating determined?

A doctor evaluates:

• Functional limitations
• Permanent impairment
• Range of motion
• Strength
• Work capacity

This determines your permanent disability benefits.

Should I accept the first settlement offer?

Probably not. Initial offers are often low. An attorney can help you understand the full value of your case.

What's MMI?

Maximum Medical Improvement — the point where your condition has stabilized and no further significant improvement is expected.

Can I get a second opinion?

Most states allow second opinions. Discuss with your attorney to ensure you follow proper procedures.

What if I had a pre-existing condition?

You can still receive workers' comp if your job:

• Aggravated the condition
• Made it worse
• Combined with workplace factors

What about Social Security Disability?

You can receive both, but offsets may apply. An attorney can help coordinate benefits.

How long can I receive benefits?

Depends on:

• Type of injury
• Permanent impairment level
• State law
• Settlement terms

Some benefits are lifetime; others have time limits.

What if I'm terminated while on workers' comp?

May be retaliation if linked to your claim. Document everything and consult an attorney immediately.

Will my settlement be taxed?

Generally no — workers' comp benefits are not taxable.

Can I work part-time while on workers' comp?

Possibly, but discuss with attorney first. Working may affect your benefits.

How do I find a good workers' comp attorney?

• Workers' comp specialization
• Local board experience
• Free consultations
• State-regulated fees
• Strong reviews
• Track record of success
• Clear communication