Invest Wisely

When to Hire a Workers Compensation Attorney

by Mark Sander5 min read
When to Hire a Workers’ Compensation Attorney

Workers compensation is a state run insurance program that is designed to compensate workers who are injured or taken in during the course of their work. The law that includes workers compensation attorney requires most employers to pay workers’ compensation for their employees.


Who is a Workers Compensation Attorney?

A workers compensation attorney is an attorney who is a specialist in workers’ compensation laws. A workers compensation attorney may work with the worker or the employer, depending on the situation.

Who is a Workers’ Compensation Attorney



Job Role of a Workers Compensation Attorney

While representing an injured worker, it is the job of the workers’ compensation attorney to help the worker get his or her rightful benefits.

While representing an employer, the workers compensation attorney is required to reduce the employer’s liability.

A workers compensation attorney is required to:

  • Collect medical records and medical evidence
  • Collect statements from the claimant, relevant physicians or medical experts and/or other parties relevant to the case
  • Conducting “discovery” or the compulsory disclosure of documents relevant to the case.
  • Conducting legal research related to the case
  • Drafting all relevant legal documents pertinent to the case
  • Taking the claim and disputing the case in a court of law


As a Claimants Attorney

  • Guide the worker through the workers’ compensation claims process
  • Complete the paperwork related to the claim
  • Represent the worker at any and all legal hearings
  • Help the injured worker with medical care and claiming of benefits
  • Communicate with the injured worker’s employers
  • Negotiate settlements


As an Employer’s/Insurer’s Attorney

  • Represent the employer at all legal hearings
  • Communicate with the claims representatives
  • Help with the investigations in relation to the cause of the injury
  • Help reduce employer’s liability costs
  • Compile and submit all paperwork required in relation to the case
  • Negotiate settlements on behalf of their clients


A good workers compensation attorney will have in depth knowledge about rules, regulations and laws that apply to all parties involved. He or she needs to know about the claims application and appeals process. The attorney also needs to know how to handle litigations, how to reach settlements, how to budget costs and calculate exposure.

While the common misconception is that workers compensation attorney can be heartless, the opposite is actually true. A truly dedicated workers’ claims attorney needs to have deep compassion to be able to do justice to his or her clients.