Selecting A Workers' Comp Lawyer

Consult with your family lawyer, an attorney that you know through sports or church, or an accountant, realtor or other professional. Workers' comp lawyers tend to specialize, and the good ones usually have an established reputation throughout the community.

Once you have a list of names, use the following checklist for an initial screen, so that you narrow your choices down to three or four:

• Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of workers' comp law that you need? Do they have any information on their Web sites that is helpful to you?
• Find out if the attorney represents employers or employees. Lawyers who represent employers usually don't represent employees. So look at the lawyer's profile and her client list, if she makes it available. If she primarily represents companies, she may not represent individuals. If you can't tell, call the lawyer's office and find out.
• Use search engines to search for the name of the lawyer and his law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done? Cross check your references by searching with key words such as "workers' compensation attorneys" or "job injury attorneys."
• Ask other people if they have heard of the attorneys and what they think about them
• You will probably want to hire a lawyer with at least a few years of experience
• Contact your state bar association or visit their Web site to find out if the lawyer is in good standing
• Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
• Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?

Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?

By now you should have a "short list" of two or three names. Contact the attorney's firm and ask to schedule a consultation. Workers' comp lawyers won't charge a consultation fee to meet with you. The initial meeting will be used to assess your case. The attorney should be able to meet with you on short notice. On the other hand, a wait of more than a week is a sign that the attorney may be too busy to give a new case such as yours the time and attention it requires.

The consultation with the lawyer is the most important factor in your decision to hire an attorney. Evaluate the attorney based on the following:

Expect that whomever you hire will delegate a lot of responsibility to his or her staff. So evaluate how the lawyer's staff treats you, as they are a reflection of how the lawyer practices. At a minimum, both the lawyer and his staff should treat you courteously and professionally.

Ask for references. You should talk to people who could comment on the lawyer's skills and trustworthiness. The best reference is one of the lawyer's current or former clients. You can also check with other lawyers.

Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references.

Ask for a copy of the lawyer's retainer agreement and review it with the attorney beforehand. Workers' comp attorney fees are generally set by statute at a percentage of the recovery, plus costs. There usually is no additional charge for speaking with the attorney and there is no additional charge if the case goes to trial rather than being settled.

There is no retainer fee involved in a workers' compensation claim.

Discuss the costs of your suit as well as the attorney's fees. Costs include:

• Payments for court reporters
• Copying
• Computerized research
• Trial exhibits
• Expert witness fees

A typical case will involve $50.00 to $100.00 in costs. These costs usually are incurred as the attorney orders medical records regarding your medical treatment. The costs can rise if doctors' depositions are required or transcripts by court reporters are prepared. Workers' comp attorneys generally will "front" or cover costs for the client. These costs are paid to the attorney at the time of settlement in addition to attorney fees.

Use your common sense and gut instincts in deciding who to hire. Your relationship can last several years, and will involve trust. You want to choose the best lawyer who you think will do the best job for you.

Marc Stookal is a partner with the law firm of Nilson, Stookal, Gleason & Caputo, Ltd. in Chicago, IL.

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