| THE INSURANCE COMPANY IS PROVIDING ALL BENEFITS, SHOULD I WAIT TO HIRE AN ATTORNEY? |
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Unfortunately, many injured workers wait until it is too late, or a crisis has occurred, before they consider hiring an attorney. The injured worker should consider the following facts:
If an injured worker retains an attorney, there is no charge for the interview or for any services along the way. The attorney fee is 9-l2% of any settlement or award at the end of the case (the fee may be l5% in complex cases). If there is no settlement or award at the end of the case, there is no fee. Therefore, the fee will not be any higher if the attorney is retained at the beginning of the case. Injured workers usually consider retaining an attorney if they feel they are at a disadvantage in dealing with the insurance company, or any time that benefits are being denied. An injured worker should also consider having an attorney when they are going to have a need for continuing or lifetime medical care, or if they are going to end up with a permanent disability. If the injury was caused by the negligence of someone other than the employer or a co-employee, an injured worker should consult with an attorney as soon as possible following an injury. In that case, an injured worker may have the right to bring a personal injury action in addition to a workers' compensation claim. There are strict time guidelines in which a claim would have to be brought. Merely because a person is continuing to receive workers' compensation benefits does not mean that the statute of limitations against the negligent party does not run. As a result, it is extremely important that an attorney be consulted in those types of cases. |