10 Essential Questions to Ask Before Hiring a Workers' Comp Attorney

The injury happened in an instant, but the paperwork feels endless. You're dealing with medical appointments, multiple forms, complicated conversations, and a workers' compensation system that seems designed to confuse rather than assist. 

In the Buckeye State, the Ohio Bureau of Workers' Compensation (BWC) handles all workers' compensation claims. While some straightforward claims move smoothly through the system, others face denials, disputes, or inadequate compensation that require legal intervention. Speaking with an experienced Workers’ compensation attorney can help you navigate these challenges, protect your rights, and ensure your claim is handled properly from the start. At Monast Law Office, we want you to be fully informed about every aspect of the process. Here are some key questions to ask before hiring a workers’ comp lawyer.  

Contact Us

1. When Is Legal Representation Necessary in an Ohio Workers' Comp Claim?

If you’re not severely injured or haven’t missed a lot of work, you can manage a workers’ comp claim on your own just fine. However, you might need to consult an attorney if you have:

• Complex medical conditions. These often require legal advocacy to ensure proper classification and compensation. If your injury involves multiple body parts or you’re wondering how a preexisting condition impacts my Ohio workers’ comp benefits claim, an attorney can help present your case effectively to the BWC. 
• Claim denials. The BWC or your employer may fight your claim for various reasons, including disputes about whether the injury occurred at work or questions about the necessity of medical treatment. Sadly, sometimes claims are contested because they look to be expensive, and an employer may be afraid its workers' comp premiums will increase. Other employers want you to turn your claim in under your health insurance for the same reason or to send a message to coworkers that it's just too much trouble to pursue a claim.
• Permanent disability determinations. At Monast Law Office, we’ve helped numerous folks who have learned their workplace injury has caused permanent impairment and need to assess their ability to work and potential claim settlements. 

2. What Cases Have You Successfully Handled Similar to Mine?

Workers' comp covers various incidents, from repetitive stress disorders to occupational diseases and traumatic injuries. Understanding an attorney's track record helps gauge their ability to address your specific situation. Ask about their success rate with your injury and whether they've handled cases involving similar circumstances, such as disputes with your specific type of employer or challenges to particular medical treatments.

3. How Will You Prove My Injury Is Work-Related?

Establishing causation between your injury and your work duties is fundamental to any successful workers' compensation claim. An experienced attorney should explain how they'll gather evidence to demonstrate this connection. The process might include:

• Obtaining witness statements from coworkers
• Securing surveillance footage
• Reviewing your job duties
• Working with medical experts who can testify about how your work activities caused or aggravated your condition.

4. What Benefits Am I Entitled to Receive?

Ohio workers' compensation provides several types of benefits, and many injured workers don't realize the full scope of what they can claim. Our team wants to make sure nothing is left on the table, so we’ll work with you to clarify:

• Medical coverage for all necessary treatment related to your injury.
• Temporary total disability payments while you cannot work.
• Wage loss compensation if you can work but at reduced capacity.
• Permanent partial disability awards for lasting impairments.
• Vocational rehabilitation services if you cannot return to your previous job.
• Permanent total disability if you can't work again.
• Death benefits for family members killed on the job.

5. How Do You Handle Disputes With Medical Providers?

The BWC often requires injured workers to use specific doctors or may question the necessity of certain treatments. Skilled workers’ comp attorneys know how to challenge defense medical examinations and obtain provider opinions to reflect your condition or treatment needs accurately.

6. What Happens if My Employer Retaliates Against Me for My Claim?

Make no mistake: it’s against the law for companies to do this, but some try anyway through actions such as demotions, reduced hours, or termination. An attorney should have strategies that protect clients from employer retaliation and provide legal remedies if your company has already attempted to do so.

7. How Do You Challenge Unfair Disability Ratings?

The BWC assigns disability ratings that determine your compensation for permanent injuries. These ratings have a significant impact on your financial recovery, making an accurate assessment crucial. Ask a prospective attorney about how they challenge ratings that undervalue your impairment, and their process for obtaining independent medical evaluations to support higher ratings.

8. What If I’m Ordered Back to Work Too Soon? 

This is another sign that you probably need a workers’ comp attorney. Return-to-work disputes frequently arise when the BWC determines you're ready to resume duties, but your doctor disagrees or your employer can’t accommodate your restrictions. A skilled lawyer might advocate for a solution such as vocational rehabilitation services that help you transition to new positions if you can’t perform your previous job.

9. Will I Need to Attend Hearings, and What Should I Expect?

Many workers' comp cases require a hearing, especially when disputes arise about benefits, medical treatment, or disability ratings. With an attorney handling your case, you don’t have to go through this process alone, but you need to make certain of their experience presenting cases at hearings and what role you'll play in the process. They should explain how hearings work, what types of evidence are presented, and how to answer questions effectively if called to testify.

10. What Red Flags Should I Watch for During My Case?

There are several warning signs, including inconsistent medical records, employer disputes over accident details, or delays in obtaining medical treatment approval. Upon review of your case, ask a lawyer what problems they anticipate and how they plan to address potential obstacles that could jeopardize your benefits.

At Monast Law Office, we offer you almost four decades of experience fighting for the rights of Ohio workers. We’re always happy to answer your questions about choosing a workers’ comp attorney you can trust.