Workers’ compensation is America’s oldest social insurance program, and while it can be extremely valuable to the people it serves, it can also be difficult to navigate. If you are having trouble with a workers’ comp claim, you may also be looking for a good workers’ compensation lawyer and wondering where to start.
Finding the right workers’ compensation lawyer can make or break your claim. A good lawyer for workers’ compensation cases in North Carolina can protect your rights and get you the benefits you need to survive. The wrong lawyer, however, can leave you in legal limbo, without the support you need to move forward.
This guide will help you understand what to look for so you can find the best workers’ comp lawyer for your situation.
Six Traits Good Workers’ Compensation Lawyers Have
Look for these six traits before you hire legal counsel for a workers’ comp claim. It’s worth taking the time to do your homework, because your financial future may literally depend on this decision.
1. A Good Workers’ Compensation Lawyer Has Relevant Experience
The workers’ compensation program in North Carolina is entirely different from the personal injury claims system. There are special forms that you need to file and tight deadlines to follow. When you are trying to deal with severe injuries, you should not have to educate yourself on our state’s benefits program for injured workers.
Many lawyers will accept a workers’ compensation case for a client, even if they have never handled a case like this before. You can generally find this information on their website or ask their team if their lawyer has successfully handled many of these cases.
2. Your Lawyer Should Be a Responsive Communicator
When you have a pending workers’ compensation case, you might need to contact your attorney frequently. Circumstances change quickly, so you want a lawyer who will return your calls and get answers to your questions.
A good workers’ compensation lawyer will allow direct contact by email, telephone call, and text message—whichever mode of communication is most convenient for you. They should also return missed calls within 24 hours. This kind of responsiveness is not just helpful for your peace of mind, but it can help to protect your case from miscommunications, missed deadlines, and delays.
3. They Should Have Knowledge of the Industrial Commission Forms and Procedures
Our state workers’ compensation program requires the use of forms from the Industrial Commission. If you ask a lawyer about the North Carolina Industrial Commission, and they can’t tell you all about it, you may want to reconsider their ability to handle your case.
4. Your Lawyer Should Be Recognized By Their Peers and Have Positive Reviews
When choosing counsel for something as important as a workplace injury claim, you want an attorney whose experience is externally validated through professional achievements. When a workers’ compensation attorney is recognized by their peers, it shows respect from legal professionals who are familiar with the lawyer’s performance.
Simply put, accolades signify legal excellence. Recognition through awards shows that your lawyer has vast knowledge of workers’ comp laws. Awards also provide credibility and demonstrate the attorney’s expertise. Ben Whitley received a 2017 Best Lawyer in America Award for workers’ compensation, which shows his commitment to this area of law.
Good reviews show real client satisfaction in the form of direct feedback from people like you who needed help with a workers’ comp claim. They establish trust and imply a respected reputation.
5. Your Attorney Should Help You Develop a Long-Term Plan
A good workers’ compensation lawyer should develop an exit strategy for you. In other words, when you reach the point of Maximum Medical Improvement (MMI), your lawyer needs to have a plan for what happens next.
The right choice for you will depend on your circumstances. If you decide to settle, you will want to make sure that the settlement proceeds are enough to pay for your future medical care and other costs.
6. They Should Pursue Every Available Option for Your Compensation
An inexperienced lawyer handling a workers’ compensation case might understand the basic benefits like medical care and payment of a portion of the injured worker’s regular salary but not know about the hidden claims that could be lurking in your case. These hidden claims, if left unexplored, could mean unrecovered benefits for you.
Three of the most common types of hidden claims apply in these situations:
- Getting Compensation for Your Mileage: If you have to drive more than 20 miles to doctor’s appointments, the workers’ compensation insurance program is supposed to pay you for your mileage. The mileage reimbursement also applies if someone drives you to your appointments. Often, the insurance company does not tell the injured person about this program benefit.
- Getting Compensation for All of Your Missed Work: You have to be away from the job for at least seven days in a row before you can receive income benefits. What the insurance company might not tell you is that, after 30 days of being out of work, you can request payment for that first week.
- Getting Additional Compensation for a Safety Violation: If your employer’s violation of Occupational Safety and Health Administration (OSHA) regulations caused or contributed to your injury, the insurance company has to increase what it pays you per week by 10%. Without a lawyer, you might not be aware of this “payment penalty” to which you are entitled.
A good workers’ compensation lawyer will educate you about what you should know about workers’ compensation claims – including what the insurance companies won’t tell you. It’s our job to make sure you fully understand your rights under the law.
Choose the Whitley Law Firm for Your Workers’ Compensation Case
Our team has all the qualifications you’re looking for in a good workers’ compensation lawyer and more. At the Whitley Law Firm, we have more than 50 years of experience helping injured people get the compensation they deserve. Our North Carolina workers’ comp lawyers work on a contingency-fee basis, so we only get paid if you win.
You can contact us today at (919) 785-5000 for a free consultation. Our compassionate team members can provide in-depth legal advice for your situation at absolutely no cost or obligation to you. If we proceed with your case, we will fight wholeheartedly for your benefits and interests.
