Pros and Cons of Hiring a Workers’ Comp Attorney in California? 2025

Dec 28, 2024 | Workers Compensation

When you suffer a workplace accident, you need to make sure you can get properly compensated by your employer’s insurance company. Workers’ compensation is important, as it helps you stay afloat during your recovery by taking care of your medical costs, giving you temporary or permanent disability benefits, and giving you time to heal. If you aren’t given your benefits, you may want to weigh the pros and cons of hiring a workers’ comp attorney in California.

How Do Workers’ Comp Benefits Work in California?

When it comes to applying for workers’ comp benefits in California, it is important to keep in mind that the state works on a no-fault compensation system. This means that in order to apply for workers’ comp benefits, you only need to prove that your accident happened at work. It doesn’t matter who was at fault or why the accident happened in the first place. In return for an easy application, you can’t seek legal action against your employer for the accident.

California’s comprehensive labor laws heavily favor the workers instead of the employers. Under these laws, every employer in the state is required to carry some form of workers’ comp insurance, just in case a workplace accident were to occur and somebody needed to be taken care of during their recovery. The state’s laws for workers’ comp provide a number of important benefits to the worker. If you don’t receive your benefits, reach out to a workers’ comp lawyer.

Pros of Hiring a Workers’ Comp Attorney

Whenever you hire a lawyer to represent you in an employment law situation, it is important that you consider all the pros and cons. Having someone in your corner who understands what you need and is prepared to help you acquire it can really make all the difference. Here are some of the pros of hiring a workers’ comp attorney to represent you:

• Guidance: Applying for workers’ comp is not always an easy process. The laws regarding workers’ comp may be quite complex and difficult to figure out on your own. A good workers’ comp lawyer can help you figure out what you need to do to apply for your benefits and how to handle the appeals process if your application is initially turned down. Some basic guidance as you navigate the process can be a big help.
• Maximizing Settlements: An experienced lawyer can help you maximize your potential settlement amount. Without a lawyer’s help, you may be willing to agree to any settlement amount just to keep things moving. You may not even be aware of everything you are allowed to receive under the state’s labor laws, including disability benefits, vocational training, and help with medical expenses.
• Negotiation: Having someone to help you negotiate terms can make a considerable difference. A good workers’ comp lawyer knows how to deal with the insurance companies and can help you recognize certain tactics that may be used to undermine your situation and pay out much less than you deserve.

Cons of Hiring a Workers’ Comp Attorney

As with any venture, there may be some negative aspects to hiring a workers’ comp lawyer for your case, such as:

• Longer Case: Hiring a lawyer to represent your interests may result in a longer proceeding and can cause your case to be drawn out. It may take longer to settle than you initially expected since your lawyer has a lot to analyze on your behalf.
• Legal Fees: One negative aspect of hiring a lawyer is the simple fact that you will need to pay them. You and your lawyer will work out their fee prior to hiring them, but certain situations could arise during your case that might lead to a higher result, which ultimately is what you are paying for.

FAQs

Q: What Percentage Does a Workers’ Comp Attorney Get in California?

A: The percentage that your workers’ comp attorney will get from your settlement in California is entirely dependent on the lawyers themselves. You and the lawyer will work out an agreement prior to hiring them, and that fee will be dependent on the lawyer’s experience, resources, education, and the difficulty of your case.

Q: What Are the Disadvantages of Hiring a Lawyer?

A: One of the disadvantages of hiring a lawyer is the cost. Some people may hesitate to hire a lawyer because they are concerned about how much legal representation is going to cost them. When it comes to acquiring your workers’ comp benefits, you want to make sure your case is handled properly. A lawyer can help with that. Sometimes, a lawyer’s presence can stress you out, but the consequences of not having a lawyer can do the same.

Q: What Won’t Workers’ Comp Lawyers Tell You?

A: Some workers’ comp lawyers may not bother to tell you that you are allowed to file a claim on your own without them or that the process might take a really long time. You should hire a lawyer who is straightforward with you and doesn’t try to manipulate your case for their own benefit. Integrity and ethics are important qualities to look for in a workers’ comp attorney.

Q: What Shouldn’t You Say to a Workers’ Comp Doctor?

A: There are many different things you should never say to a workers’ comp doctor, as they have the potential to hurt your case. You should never exaggerate your symptoms or lie about your medical history. Be honest with them about everything. Don’t make any baseless accusations or discuss your legal strategy. Answer their medical questions truthfully, and don’t lie about your physical limitations.

Reach Out to a Workers’ Comp Lawyer Today

After you consider the pros and cons of hiring a workers’ comp lawyer to represent you, you should consider reaching out to one and discussing your case. It couldn’t hurt to get a lawyer’s opinion on what you are going through. If, at that point, you decide to hire them to represent your case, it might be the deciding factor that helps you win.

At Barry Law Group, we can provide you with a legal strategy to ensure your benefits are not withheld. Contact us to speak with a team member about a consultation.