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Attorneys Answer: Should I Hire a New York Workers’ Comp Lawyer?

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A drawing of the lead workers' compensation lawyer for Atticus.
Victoria Muñoz
Lead Attorney
April 23, 2024  ·  1 min read
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Atticus offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.

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If you're filing a New York workers' comp claim, an attorney can help you to more smoothly navigate the process. To help you understand the benefits of working with a professional, we spoke with an Atticus attorney in New York City.

Why should I hire a New York workers’ comp attorney?

As explained by Heather Myer, an associate with Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP:

"You need someone on your side representing your interests. The insurance company will assign an adjuster to facilitate your claim. It seems like an adjuster is supposed to help you, but the adjuster's job is to limit liability and pay as little as possible on a claim. The insurance adjuster does not have to explain how to correctly and timely claim additional sites of injury, how to obtain permanency benefits, or how to increase your rate of compensation.

"Sometimes an adjuster will assign a nurse case manager to the claim and have that person try to attend medical appointments with you. This is not allowed, and you can say no, but this can be difficult and uncomfortable when the person arranging the nurse case manager controls your wage loss benefits.

"If and when you have an administrative hearing on your claim, the insurance company will hire an attorney to represent its interests in direct opposition of your interests. Hiring an attorney will ensure that you have someone on your side to claim benefits that you might not realize you are entitled to receive.

"Ultimately, an attorney’s job is to take back control of the claim and fight for you."

Atticus tip: Attorney fees are usually the same no matter when in the process you hire them. So reaching out earlier doesn't cost extra but does help you avoid issues throughout your case.

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Atticus is a law firm that can answer your workers' comp questions and connect you with a New York attorney in less than 24 hours. To get started, answer our 3-minute intake quiz or call us at the number below.

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Frequently asked questions about workers’ comp lawyers

Do I need a workers’ comp lawyer?

Not everyone needs to work with a lawyer, but a workers’ comp lawyer can especially help if your claim is denied, your medical care is denied, or after you get a settlement offer. To help you make an informed decision, we’ve collected some situations when a workers’ comp lawyer can help.

How much does a workers' comp lawyer cost?

Laws vary by state, but you can generally expect a workers’ comp lawyer fee of between 15% and 33% of your final settlement. That sounds like a lot, but the average settlement with an Atticus lawyer is twice as high as for people who don't have a lawyer. Factor in the additional medical care your lawyer can likely negotiate for you, and in the end you still take home more money by having a lawyer. Learn more about workers' comp lawyer fees.

What does a workers’ comp lawyer do that I can’t?

A local lawyer is well-versed in your state’s laws, so they’ll know how to avoid payment delays, maximize your medical coverage, and negotiate higher payments or a bigger settlement. They can help even if you never get denied or experience a serious issue. Here’s more on what a workers’ comp lawyer actually does.

How to find the best workers’ comp lawyer

There are some key questions you should ask any lawyer before hiring them, like how much they charge, whether they have experience with similar cases, and how they communicate with clients throughout the process. Learn more in our guide to finding a good workers’ comp lawyer.

Can I change my workers’ comp lawyer?

You can fire your workers’ comp lawyer and hire a new one. Talk with your lawyer first, though. You may still have to pay them for some expenses and sometimes issues like slow responses or long wait times are the result of misunderstandings. But if your lawyer just isn’t working out, you have options. Here's more on how and when to fire your workers' comp attorney.

What's the difference between lawyers and attorneys?

The terms lawyer and attorney are mostly interchangeable. Technically the word lawyer could include more legal professionals than just attorneys, but all Atticus workers’ comp lawyers are also attorneys who can legally represent clients. Most state bar websites also have a feature that allows you to confirm an attorney's credentials by searching their name or bar number. A reputable lawyer will provide their bar number upon request.

Related resources:

5 Common Questions About Workers’ Comp Lawyers

A hand draw portrait of a smiling, helpful lawyer.
By Victoria Muñoz

How Much a Workers’ Comp Lawyer Costs in Every State

A hand draw portrait of a smiling, helpful lawyer.
By Victoria Muñoz

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A drawing of the lead workers' compensation lawyer for Atticus.

Victoria Muñoz

Lead Attorney

Victoria Muñoz is an attorney on Atticus’s Workers' Compensation team. She’s a licensed attorney, a graduate of Stanford Law School, and has counseled hundreds of people seeking workers' compensation. In her free time, she enjoys hiking and spending time with her pup.
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