3 FAQs about workers’ compensation and attorney fees

No matter where you work, you have rights. If you have suffered from a workplace injury, workers’ compensation laws provide compensation.

Unfortunately, not every claim goes as planned. Understanding why it happened and getting legal assistance may help you appeal that decision.

1. Why was my workers’ compensation claim denied?

A claim denial happens for many reasons. In some cases, the insurance provider may determine that your injury was not a result of a workplace incident and was a pre-existing condition. They may also believe that you have not provided adequate evidence that the event happened. In rare cases, claim denials happen due to mishandled paperwork.

2. When should I hire a workers’ compensation lawyer?

In an ideal situation, your claim gets approved, and you get your compensation. When that doesn’t happen, appealing it gets complicated. Cases in which hiring a lawyer may offer the best results include a claim denial or claim delay, benefits do not cover lost wages or medical bills, or an injury that keeps you away from work for longer than expected.

3. How do attorney fees work?

In Massachusetts, workers’ compensation lawyers use a contingency-based fee. That means you do not pay anything upfront. After the resolution, the insurance provider the state has a clear and succinct attorney structure fee. The act spells out that you only get charged fees if you win or the lawyer successfully defends against the loss of benefits. If the insurer accepts liability, a lawyer may only take up to 20% of a lump-sum settlement. That dips to 15% for unassigned or unaccepted liability.

Workers’ compensation can get complicated, but that does not mean you should give up your case.