- Workers’ compensation isn’t ordinary personal injury.
- Fault often works differently.
- Employer negligence isn’t always the central issue.
- Deadlines can be strict.
- Notice requirements matter.
- Medical-provider authorization can matter.
- Independent medical examinations can matter.
- Work restrictions should be documented.
- Return-to-work decisions can become disputed.
- Wage-replacement calculations vary.
- Permanent impairment ratings can matter.
- Occupational diseases may be treated differently.
- Pre-existing conditions can complicate claims.
- Employer retaliation can raise separate issues.
- Third-party negligence can create additional claims.
- Settlement can affect future medical treatment.
- Medicare considerations can arise.
- State rules differ considerably.
- Not every workers’ compensation lawyer handles complex cases.
- Ask about administrative-hearing experience.
- Ask about trial experience where applicable.
- Understand the fee structure.
- Don’t sign settlement documents without understanding future consequences.
- Preserve workplace records.
- Biggest mistake: treating workers’ compensation as a simple “insurance check” rather than a legal system with deadlines and long-term consequences.
☐ Verify licensing.
☐ Confirm workers’-compensation experience.
☐ Ask whether the attorney represents injured workers.
☐ Ask about fee structure.
☐ Ask about case expenses.
☐ Understand what medical documentation is required.
☐ Report/record the injury appropriately.
☐ Preserve employment records.
☐ Preserve medical records.
☐ Document restrictions.
☐ Document communications with employer.
☐ Ask about benefit categories potentially involved.
☐ Ask about disputes over causation.
☐ Ask about independent medical examinations.
☐ Ask about return-to-work issues.
☐ Ask about settlement options.
☐ Ask about applicable deadlines.
☐ Ask who handles hearings.
☐ Ask who actually manages the file.
☐ Obtain representation agreement.
☐ Review termination provisions.
☐ Understand expenses.
☐ Establish communication expectations.
☐ Keep copies of every important document.
☐ Get important advice in writing.