Ten Questions Plaintiff Attorneys Ask BEFORE Signing Up the Injured Worker

The plaintiff attorney assesses the probable outcome of a case when interviewing the injured employee. Given plaintiff attorneys usually work on a contingency fee basis they compare what can be anticipated in compensation from the injury claim, against the amount of time the claim will take on their part. While few attorneys specializing in plaintiff workers compensation turn down claims, they do limit the time and expense they are willing to invest in questionable and/or low value claims.

In evaluating potential workers comp claims attorneys consider these points.

The first thing the plaintiff wants to know is whether the claim is compensable. The injury must have occurred on the job and within the scope of the employment. If the answer is yes to both on the job and within the scope of job, the next question becomes did it happen in the state where the attorney practices law. Also, the attorney will want to determine if the claim will be a state worker compensation claim or will the claim fall under the Federal Employees Compensation Act, Longshoreman and Harbor Workers Act, or other federal workers comp programs.

An excellent case of compensability means little to the plaintiff attorney if the injury to the employee is insignificant. The nature and the severity of the injuries are key to the time and effort the plaintiff attorney will put into the claim. A cut finger means nothing to the plaintiff attorney. An amputated limb can mean a substantial compensated claim, translating into a good fee.

The experienced plaintiff attorney will know the reputation of every workers compensation doctor in the local area. If the treating doctor has the reputation of being conservative in treatment, the plaintiff attorney may look for a reason or excuse to move the medical treatment to a more liberal doctor. The liberal doctor chosen by the plaintiff attorney may keep the employee off work longer and may give the employee the highest possible disability rating.

The longer the employee is off work, the longer the employee draws temporary total disability benefits, of which the attorney takes a percentage. If the employee is already back at work, the attorney may look for ways the treating doctor can justify the employee being off work again. Some of plaintiff attorneys may even tell the employee, “The longer you stay off work, the bigger the settlement will be.”

In most jurisdictions, the employee can “settle” the workers comp claim based on the amount of disability found after maximum medical improvement is reached. The higher the disability rating, the higher the potential settlement is. If the employee has a fracture or needs surgical intervention, the plaintiff attorney can anticipate a settlement range based on prior experience.

Plaintiff attorneys explore whether there are other possible factors surrounding the worker’s injury. Such as was the employee in automobile accident while working or if another party, other than the employer, is at fault. Not only can the attorney pursue a workers compensation claim, they can also pursue a liability claim against someone else. Perhaps the injured employee is entitled to file a social security disability claim.

From the attorney’s point of view barriers to recovery can an employee who: wants to go back to work; wants a quick settlement; may not want to have a surgical intervention or undertake some other type of extensive medical treatment to maximize the claim.

If the employee is looking at the claim from the standpoint of getting a lifetime pension, and the attorney knows from experience the claim will settle for a smaller amount, the attorney looks at how to bring the employee’s expectations into line. The plaintiff attorney does not want to invest a lot of time and expense in a case, only to see the employee cancel his representation and go to another attorney promising more.

The experienced plaintiff attorneys know the workers compensation adjusters and insurance company’s defense counsel. They know which adjusters investigate the claims thoroughly and which ones do not. They know which adjusters are willing to pay a premium to get the workers comp claims settled, and which adjusters prefer to pay their defense counsel to fight any effort to maximize the claim. In addition, they know the reputations of the different insurance carriers when it comes to settling claims or fighting claims.

The employee may be a career claimant who has had numerous workers compensation claims in the past and the present claim may be suspect. The attorney looks at the believability of the employee and if there appears to be any evidence of fraud involved in the claim.

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