How to choose a workers’ compensation attorney
It’s pretty easy to find an attorney, but how do you find one that’s right for you and your workers’ comp case?
There are nearly 200,000 active attorneys in the state of California, including thousands who hold themselves out as practicing workers’ compensation law. On the bright side, you shouldn’t have any trouble locating a lawyer. But how do you know if you’ve found the right one for your particular matter? Remember that you are the client, and the attorney is working for you. Before you hire a lawyer to take on your case, see if they offer a free consultation, and take that opportunity to learn about them and how they plan to handle your case. If you don’t feel comfortable, don’t be shy about talking to more than one attorney before making up your mind. The lawyer-client relationship is a personal one, and you have a lot at stake when you are trying to get workers’ compensation benefits for your workplace injury.
Here are a few questions you might want to consider when looking over an attorney’s website or visiting with them in an initial consultation over the phone or in person.
What kind of law do they practice?
An internet search for workers’ compensation lawyers in your area will turn up lots of results, but when you look closer, you’ll see that not all of them are strictly workers’ compensation attorneys. A great many are personal injury lawyers who mainly handle car accidents and slip and fall cases but also say they do workers’ comp. Others are general practitioners who do everything from drafting wills to handling divorces and representing criminal defendants along with taking the occasional workers’ comp case. Some of these attorneys may be perfectly capable of handling your matter, but you’ll want to know, what is their level of experience with workers’ comp? Have they actually done any cases? How many?
Workers’ compensation is a specialized area of the law, and you might be better off with an attorney who practices workers’ compensation exclusively. They will be more familiar with the law and adjudicating claims in the workers’ compensation system. Ask them if they’ve had any experience with the particular issue in your case, how they approached it, and how it came out. Attorneys can’t talk about other clients without their consent, but they should be able to describe in general terms how familiar they are with your issues.
Are they board-certified?
The State Bar of California certifies some attorneys as specialists in workers’ compensation. Obtaining board certification requires several years of practice in workers’ compensation law, completing extra continuing education course in the field, demonstrating a broad-based and comprehensive experience in worker’s compensation based on completing a variety of workers’ comp matters, passing a written examination, and receiving favorable evaluations from other attorneys and judges who are familiar with the attorney’s work in the field of workers’ comp.
Most workers’ compensation attorneys are not board-certified, but you can likely find one in your local area. Only board-certified attorneys are authorized to hold themselves out as specialists in workers’ compensation. If your case is particularly challenging or complex, hiring a board-certified lawyer gives you an added layer of confidence that you have retained a legal professional with the skills and experience needed to handle your issues.
Do they have the resources to handle your case?
Lawyers operate in law firms of all shapes and sizes, from global behemoths where you never see your lawyer to solo practitioners who offer personal service but get buried in their caseloads and juggle everything from answering the phone, billing and accounting while also handling your case. Somewhere in between are the mid-size firms with a core group of attorneys and hearing representatives who can capably take on every aspect of your case and provide you with quality personal service. Does this firm have the resources to take your case on a contingency fee basis and advance the costs? Do they maintain one or more offices in convenient locations? Do they offer in-person and virtual appointments depending on your needs and comfort level?
Are they a good fit for you?
You won’t spend every day with your attorney, but you will have phone calls, emails, and in-office visits, and they will be with you if you have to attend any hearings or depositions. More than just being capable to handle your case efficiently and successfully, are they someone you feel comfortable talking to about your medical and financial needs and situation? Will they be responsive when you call for an update? Do they seem approachable, but also someone who will give it to you straight? Think about what you are looking for in an attorney, and try to get a sense of whether you’ve found what you are looking for.
