Do I Need a Lawyer for Workers’ Comp in Pennsylvania?

Workers’ Compensation often looks like a normal insurance system from the outside.  It may seem like your employer has insurance to cover you, and that your injuries are paid for just by filing a claim.  Most cases are far more complex and need to go before a judge. While it may be fair, the reality is that the goal of every work comp insurer, or self insured employer is to pay as little as possible on every case.  Think about that!  So lawyering up is how you fight back and maximize your recovery. 

For this reason alone, you should always have a lawyer for your Workers’ Comp claim.  Insurance carriers and employers usually look for every opportunity they can to shut down your claims, and it will take a lawyer to fight back.  There are also expenses your lawyer can cover and ultimately get reimbursed when we win your case, such as the cost of doctor’s exams, expert reports, and depositions.  Plus, if you are well enough to work as your own lawyer, you are essentially proving you are not disabled.

For a free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers today at (267) 651-7945.

Basic Reasons to Have a Lawyer for Your Workers’ Comp Claim

Aside from some of the more technical issues with Workers’ Compensation, there are strong reasons to get a lawyer for any injury case.  Workers’ Compensation is no exception.

Your lawyer will represent your interests and fight for you.  In the face of employers and insurance carriers who want to shut down your case – or even ignore it entirely – you need someone on your side.  Our Pennsylvania Workers’ Compensation attorneys have legal and ethical responsibilities to our clients, but insurance carriers and employers have no reason to protect your interests. Their job is to pay as little as they can on every claim. So don’t be fooled by a friendly adjuster.  Get a lawyer as soon as possible on your case so you don’t lose money.

If your case goes to court – which is  very common for Workers’ Comp – then the other side will have lawyers.  You should have your own.  While judges usually look out for the rights of unrepresented parties, they are not your lawyer and cannot devote too much time to that task.  The only way to make the case fair is for both sides to have lawyers. 

Our lawyers also have experience and training we can put toward your case.  Our attorneys have special certifications in Workers’ Comp law that many attorneys don’t, representing decades of experience, additional training, additional exams, and certifications.

Lastly, Workers’ Compensation applicants who work with a lawyer have a statistically higher chance of winning their case.  Having a lawyer is mathematically better for you. And, injured workers who have lawyers on their side will tend to double or triple their settlement amounts. 

Handling Up-Front Expenses with a Workers’ Comp Lawyer in Pennsylvania

Aside from some of the more technical issues with Workers’ Compensation, there are strong reasons to get a lawyer for any injury case.  Workers’ Compensation is no exception.

Your lawyer will represent your interests and fight for you.  In the face of employers and insurance carriers who want to shut down your case – or even ignore it entirely – you need someone on your side.  Our Pennsylvania Workers’ Compensation attorneys have legal and ethical responsibilities to our clients, but insurance carriers and employers have no reason to protect your interests. Their job is to pay as little as they can on every claim. So don’t be fooled by a friendly adjuster.  Get a lawyer as soon as possible on your case so you don’t lose money.

If your case goes to court – which is  very common for Workers’ Comp – then the other side will have lawyers.  You should have your own.  While judges usually look out for the rights of unrepresented parties, they are not your lawyer and cannot devote too much time to that task.  The only way to make the case fair is for both sides to have lawyers. 

Our lawyers also have experience and training we can put toward your case.  Our attorneys have special certifications in Workers’ Comp law that many attorneys don’t, representing decades of experience, additional training, additional exams, and certifications.

Lastly, Workers’ Compensation applicants who work with a lawyer have a statistically higher chance of winning their case.  Having a lawyer is mathematically better for you. And, injured workers who have lawyers on their side will tend to double or triple their settlement amounts. 

Isn’t a Workers’ Comp Lawyer Expensive?

Most Workers’ Compensation lawyers are ultimately cheaper than personal injury lawyers.  We also get our fee from the winnings in your case, which usually means that you pay nothing for our services out of your own pocket.  To be brutally honest, almost all injured workers lose money by not having counsel.  It’s become a complicated niche of the law where adjusters and the lawyers for the insurers know the nuances and tricks, but injured workers don’t. 

Workers’ Compensation attorneys are paid at the end of your case, or after a Supersedeas Denial- which often comes a few weeks after a Petition is filed by the insurer to reduce your checks, if you convince the Judge that you have competent evidence refuting the allegations. The money comes out of the winnings and is capped at 20% of the settlement or lost-wage award under § 442 of the Workers’ Comp Act.  Contrast this with personal injury lawyers who often receive at least 33% of the winnings for injury lawsuits, sometimes 40%. 

Additionally, attorneys’ fees can sometimes be claimed as part of your damages.  Employers and insurance carriers are legally required to have a reasonable basis to deny your initial claim.  If they ignored your initial claim, failed to respond by the deadline, or denied your claim without reasonable cause, our attorneys can apply for penalties, including an order to pay for your lawyer’s fees. While attorneys’ fees most often come out of the injured workers’ award, there are occasions where a certain percentage of the injured workers’ wage loss benefits will not be subject to the fee given an unreasonable contest or a Penalty for violating the Act. 

Attorney’s fees for Workers’ Comp cases are also subject to the judge’s approval.  This means that we cannot charge you anything extra or try to sneak any fees into our agreement, even if we wanted to.  Judges will not allow unfair arrangements and have an obligation to ensure laws and limits are followed. So there must be a Court Order for the lawyer to get paid.

Lastly, these attorney’s fees are usually called “contingency fees.”  That means we only get paid if we win your case.  If we lose, you don’t pay us anything.

Can I Just Represent Myself in My Workers’ Comp Case?

Representing yourself “pro se” is technically legal.  However, judges often will not accept an injured worker representing themselves in a Workers’ Comp case.

First, if you are filing for coverage while you are disabled, you should not be running a legal case.  If you can handle building and presenting a court case, you are essentially proving to the judge that you can handle working and may not be disabled.  (depending on the nature of your pre-injury job)

Second, judges know that our attorneys can afford the costs of litigation and evidence collection and that we have the experience to handle your case.  Pro se petitioners inevitably slow down cases or hit a wall when they cannot afford evidence.  Judges usually won’t allow that to happen and will encourage you to get a lawyer.

Lastly, judges want to ensure cases are fair.  Even if you are trained as a lawyer, judges will usually want to see that you have a lawyer for your own sake.  Given the complexities of the Workers’ Compensation Law, an injured worker who represents himself or herself is bound to lose money. 

Call Our Workers’ Compensation Attorneys Today

For a free case review with Cardamone Law’s Philadelphia Workers’ Comp lawyers, call (267) 651-7945.