This article dives into the Pros and Cons of Hiring a Workers Comp Attorney, when to hire a workers comp lawyer, and more.
If you want to jump ahead to a list of pros and cons click here.
This article dives into the Pros and Cons of Hiring a Workers Comp Attorney, when to hire a workers comp lawyer, and more.
If you want to jump ahead to a list of pros and cons click here.
Pros and Cons of Hiring a Workers Comp Attorney: List (2025)
Are you looking for the pros and cons of hiring a workers comp attorney?
If so, you’re in the right place! In this article we not only provide the pros and cons of hiring a workers comp attorney but answer other questions you likely have as well such as “What not to say to a workmans comp adjuster,” “Is it too late to get a workers comp lawyer,” “What are the disadvantages of hiring a lawyer,” and “What wont workers comp lawyers tell you.”
Figuring out if you need to hire a workers comp attorney for yourself or a loved one can be stressful and overwhelming. By the time you’re done reading this article you’ll have a clear understanding of the pros and cons of hiring a workers comp attorney.
If you’re ready to get the information you’re looking for then keep reading now!
Table of Contents
Pros and Cons of Hiring a Workers Comp Attorney
If you were injured while working on the job, hiring or not hiring a workers comp attorney has significant short-term and long-term implications. Below is an easy-to-follow list of the pros and cons of hiring a workers comp attorney. The pros and cons list provides the insights you need to understand if you should hire a workers comp attorney for yourself or a loved one.
Pros and Cons of Hiring a Workers Comp Attorney (12 Pros and Cons List)
- (✅ Pro) Maximizes Your Benefits: Hiring an attorney ensures you are able to access and get the full workers comp benefits you’re entitled to, including medical coverage, wage replacement, and future care.
- (✅ Pro) Handles Complex Paperwork: When you hire a workers comp attorney they manage completing confusing legal forms and submitting paperwork before deadlines, so you don’t miss anything important.
- (✅ Pro) Fights for You in Disputes: If your employer or insurer denies your workers comp claim or cuts your workers comp benefits, your attorney will use their experience to appeal and will represent you in hearings.
- (✅ Pro) Protects Against Employer Retaliation: Hiring an attorney for a workers comp claim can help shield you if your employer retaliates by trying to demote, fire, or punish you (directly or indirectly) for filing a claim.
- (✅ Pro) Experience with Negotiations: When you hire a workers comp attorney they understand the true value of your workers comp claim and use their expertise to negotiate a better settlement than you might get negotiating on your own.
- (✅ Pro) No Upfront Costs: Most workers comp attorneys work on a contingency fee basis, this means they only get paid if you win your case, so there is no upfront cost to you.
- (✅ Pro) Reduces Stress: Having a knowledgeable workers comp attorney handle your case ensure you don’t have to try and navigate complex legal and insurance systems, a workers comp attorney takes the pressure off you, so you focus on healing and getting back to work.
- (❌ Con) You Lose a Portion of Your Settlement: Workers comp attorneys typically work on a contingency fee of 15% to 20% (this is the average workers comp contingency fee nationwide but can be less or more in some states), this fee is deducted from your settlement amount, if your case is complex your contingency fee will be higher
- (❌ Con) May Lengthen the Process: Some workers comp claims may take longer to resolve when a workers comp attorney gets involved, especially if the case goes to trial or has multiple hearings
- (❌ Con) Not Always Necessary for Simple Claims: If your workers comp injury is minor your claim is uncontested and/or your employer is helpful, hiring an attorney might not be needed.
- (❌ Con) Limited Control Over Legal Strategy: When you hire a workers comp attorney you hire them for their expertise which means they will make most of the legal decisions (with your approval when needed), if you’re someone that always needs to be in control this can cause added stress.
- (❌ Con) No Guarantees: Even the most experienced workers comp attorney can’t guarantee a specific result, regardless of expertise sometimes workers comp cases still end with limited benefits or a settlement that seems low.
When to Hire a Workers Comp Lawyer
If you are wondering when to hire a workers comp lawyer you’re not alone. Often when you realize you need to hire a workers comp lawyer it can feel like you’re doing something wrong. Rest assured that is not the case. If your work place is making you feel this way that is a signal that you should strongly consider at minimum speaking with a workers comp lawyer. Below are other times it is appropriate to hire a workers comp lawyer.When to Hire a Workers Comp Lawyer (List)
You should hire a workers comp lawyer if:
- Your workers comp claim was denied.
- Your workers comp benefits are delayed or terminated.
- You’re being pressured to return to work too soon (after a work related injury, and you’re still healing).
- You have long-term injuries and/or have been permanently disabled.
- You’re feeling confused by workers comp paperwork or the workers comp legal process.
- You fear retaliation from your employer for bringing up a workers comp claim.
Pros and Cons of Hiring a Workers Comp Attorney (FAQ)
What not to say to a workmans comp adjuster
When speaking with a workmans comp adjuster you should not say anything that could hurt your claim or contradict your attorney’s legal strategy. Additionally, you should not say anything to a workmans comp adjuster that communicates there is no injury, you are at fault for your injury, your injury is the result of something that did not happen at work, you are willing to settle quickly, and/or that you are unaware of your workmans comp rights.
Examples of what not to say to a workmans comp adjuster:
- “I’m not really hurt.”
- “My injury is not that bad.”
- “It was partly my fault.”
- “I don’t need medical treatment.”
- “I had a previous injury in that area.”
- “I just want this to be over quickly.”
- “I haven’t hired a lawyer.”
When speaking with a workmans comp adjuster you also want to avoid:
- Giving too much personal information that can be used to minimize your claim such as unrelated medical history, hobbies, or jobs.
- Speculating or guessing, if you are asked a question that you are unsure about or don’t know the answer to, it is perfectly fine to say “I don’t know” or “I need to speak to my attorney.”
- Consenting to providing a recorded statement, a recorded statement can be used against you, you should never give a recorded statement without speaking with your lawyer first.
- Saying anything that is inconsistent with your medical records, make sure (to only) enhance your credibility by ensuring everything you say matches your medical records.
Is it too late to get a workers comp lawyer
It is not too late to get a workers comp lawyer so long as you have not accepted a settlement for a workers comp claim (and even then with the right lawyer you might be able to make adjustments). The sooner you get a workers comp lawyer the better.
What are the disadvantages of hiring a lawyer
Below are eight disadvantages of hiring a lawyer:
- Legal fees can be expensive
- No guaranteed outcome
- Less control over the case
- Possible delays in the process/long-drawn-out trials
- Conflict of interest risks
- Depending on your fee agreement you may have to pay even if you lose
- It may overcomplicate a simple straightforward case
- You may be left in the dark if your lawyer fails to keep you updated
If you’re unsure, if you need a lawyer many lawyers offer free consultations. It is always good to speak to a couple lawyers to see if hiring a lawyer is necessary for your situation. Speaking with a few lawyers can also help you proactively avoid the disadvantages of hiring a lawyer (listed above).
What wont workers comp lawyers tell you
If you’re hiring a lawyer for yourself or a loved one, it’s natural to worry about being misled or taken advantage of. Below are things workers comp lawyers may not openly tell you, but you should know if you’re considering hiring a workers comp lawyer.
What wont workers comp lawyers tell you
- Not Every Injury Qualifies for Benefits
Some lawyers won’t tell you upfront that your specific injury may not meet the requirements for a workers comp claim, this can happen if you waited too long to report it. - You Might Get the Same Results Without a Lawyer
For simple, uncontested cases, you may be able to handle the claim yourself and keep 100% of the settlement. - They Prioritize Bigger Cases
Some lawyers take on too many clients and give more attention to cases where they will be paid more, leaving smaller claims on the back burner. - You May Not Speak to the Lawyer Often
After signing with a law firm, most of your communication may be with assistants, case managers, or paralegals, not with the actual lawyer you had a free consultation with and hired. - They Can Still Get Paid Even if You Don’t Win Much
In contingency fee cases, where the lawyer is only paid if you win, they will receive fees from your settlement even if your payout is small, which can leave you with less than expected. - Delays Can Work in Their Favor
Some law firms benefit financially by dragging cases out, especially if they bill hourly or aim to increase settlement size (and their contingency fee cut). - They May Not Be Completely Honest About Your Claim’s Value
Some lawyers may overpromise or give vague answers about what your case is worth to get you to sign up, it can be a red flag if the lawyer is overconfident and/or making promises. - You Can Fire or Change Lawyers
Many lawyers won’t tell you that you have the legal right to switch lawyers if you’re unhappy with their service, you can switch lawyers even during an ongoing case. - Not All Law Firms Specialize in Workers’ Comp
Some firms may advertise that they take on workers comp cases, but their area of specialty may be in a different field.
To avoid being misled, ask for a free consultation during which: ask direct questions, get everything in writing, and don’t be afraid to have free consultations with multiple lawyers. A reputable lawyer will not be offended that you are doing your homework and shopping around.