Pros And Cons Of Hiring A Workers’ Comp Attorney

Suffering a workplace injury is never easy to deal with. Not only do you have to take care of recovery, but you also need to settle things with your employer regarding compensation. Understandably so, dealing with both stressors at the same time is impossible for many injured workers, which is why they tend to surrender the reins of their case to a workers comp attorney.

This is perfectly fine and recommended in many instances - having legal counsel is invaluable as it increases your chances of a favorable outcome. 

There’s another factor to consider here. Involving an attorney can exponentially complicate the state of affairs with your employer. Even though a legal professional will work for your medical and financial benefit, you may not have the emotional strength to handle the intricacies of longer legal proceedings.

So what’s the right choice? Let’s take a look at the main pros and cons, and answer a few questions along the way, such as how much do workers comp attorneys make on a case and how exactly can they help.

Advantages of hiring a workers comp attorney

The reasons why workers comp attorneys are often hired to help with cases include:

1. They can bring a high level of expertise to your case

The expertise and experience a workers comp attorney brings into the mix can’t be overstated. They’re not just familiar with the legal field at large, they have highly-specialized expertise in the workers comp system. 

In addition, there’s a high chance they already handled a handful of cases similar to yours. An attorney will draw from that experience to build a stronger case while also helping set you up with healthy expectations. 

Most importantly, they’ll guide you through the claims process, and support you regardless of whether you’re simply filing a claim or taking legal action against the insurance company if they end up denying the claim. 

2. Higher chance of success

While it’s never possible to guarantee with 100% certainty you’ll secure a settlement by involving an attorney, having legal representation exponentially increases the chances of success. 

Furthermore, they’ll use a data-based approach to maximize your settlement through aggressive negotiation. For instance, insurance companies are infamous for offering injured workers unreasonably low settlements. This serves the purpose of minimizing their own expense while also practically coercing the claimant to give up their rights to litigation. 

With an attorney negotiating on your behalf, you’ll stand a fighting chance as your legal counsel will counteract any unfavorable offers. 

3. No upfront payments

The price of legal counsel is always a major hurdle for workers to overcome, yet there’s nothing to worry about. If you’re wondering how much do workers comp attorneys make and how much will they expect you to pay, the answer is nothing upfront. 

Workers comp attorneys work on a contingency basis, meaning they will take a small percentage of the settlement only if you win. So no matter what happens, you won’t be left with a hefty legal bill that you won’t be able to pay. 

How much do workers comp attorneys make from your settlement? It depends on the attorney as their percentage can be anywhere from 10% to 20%. This might seem a lot at first, but in most cases the settlement an attorney negotiates for you far outweighs anything the insurance company would offer you of their own volition.

4. Access to additional resources 

Depending on the circumstances, your case may require an extra bit of evidence. When hiring an attorney, you gain access to valuable resources that you would not have had otherwise. 

For example, you may need to prove the full extent of your injuries. By navigating the whole process on your own, you likely wouldn’t be able to achieve this, whereas an attorney already has an established relationship with a medical expert. A similar thing applies to investigators who can gather evidence in support of your case - if your claim needs some extra oomph, your attorney will deliver. 

5. Peace of mind 

Working out how to navigate the convoluted workers comp system can be very challenging, especially at the time of recovery. 

An attorney helps alleviate this stress, allowing you to relax while they’re advocating for your benefits and handling all the legwork in your case. This peace of mind knowing complex legal matters are taken care of is very important and will ultimately let you prioritize your recovery. 

Cons of hiring a workers comp attorney

Although you’re now familiar with how much do workers comp attorneys make and how they can help your case, there are a few small drawbacks to consider:

1. Hiring an attorney may harm the relationship with an employer

There’s a possibility that “lawyering up” may have a negative impact on the relationship with your employer. While retaliation is illegal in Florida and grounds for legal action, a professional or friendly relationship you have with your employer may be irreparably harmed after they learn you hired an attorney - even if you do get to keep your job.

2. No guarantee of success



We already mentioned how hiring an attorney doesn’t guarantee your case will end in a victory. There simply may not be enough evidence to support the outcome you’re hoping for, even if your case is handled by the best attorney in the state.

Fight for your rights

Whether you hire an attorney is a personal decision driven by your unique circumstances. Considering the fact you won’t have to pay for legal fees out of pocket and that hiring a legal representative will raise your odds of success, you really have nothing to lose.

If you want someone willing to fight for your rights to compensation to the very end, the Law Offices of RITE is the right choice. All attorneys working at RITE have decades of experience under their belt. From the day we started working, our mission was  to ensure our clients receive what they’re entitled to under the law - and so far we’ve been successful, helping numerous clients receive justice, proper treatment, and fair financial compensation.

Schedule your free consultation by calling our office at (904) 500-RITE (7483) or sending an email to info@rite4justice.com. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.