Workers' compensation attorneys handle claims for injuries and illnesses caused by work. The system is no-fault: you do not have to prove your employer did anything wrong, but in exchange you generally cannot sue them, and benefits are limited to medical treatment, a portion of lost wages and compensation for permanent impairment.
Most disputes are not about whether the injury happened. They are about whether it is work-related, which treatment the insurer will authorise, when you are fit to return, and what permanent impairment rating you receive.
Before you hire
- Report the injury to your employer in writing immediately. Notice deadlines are short and late reports are the most common reason claims are denied.
- Fees are set by statute in most states and are usually a capped percentage of benefits recovered, so cost is rarely a reason to go without representation.
- Ask about a possible third-party claim. If a contractor, driver or equipment manufacturer caused the injury, you may have a separate personal injury case worth far more than comp benefits.
- Be careful with recorded statements and independent medical examinations arranged by the insurer.
Social security disability and personal injury cover the adjacent routes to compensation.