Are Lawyers Really Necessary On Workers Compensation Cases?

July 15, 2014 No Comments

The above redacted ad appeared in my local newspaper yesterday.  I am seeing more and more of this type of  “aggressive” advertising by lawyers offering to help injured workers collect their workers compensation benefits.

The workers compensation system was set up to be no-fault and non-adversarial with clearly defined rights and benefits.  In most cases, there is little need for workers to hire lawyers to help them collect their clearly prescribed benefits.

Personally, I can easily argue either side of this issue.

• In the 1960’s when I was a boy, my father had a major heart attack at work.  It happened during a terrific blizzard in Minnesota.  While lifting 200-pound bags of salt, outside in the blizzard, continuously for hours Dad had a “widow maker” type heart attack.  Back then, on-the-job heart attacks were not considered to be a work related injury.   Dad’s workers compensation claim was initially denied.  But after an attorney stepped in to help us with this precedent setting case, Dad eventually received full WC benefits.  Without these benefits, I would not have been able to go to college, and this website would not exist.
• More recently, as the administrator for five corporations self-insured workers compensation programs, I saw what I considered to be cases of abuse where less than honorable employees enlisted the aid of lawyers to help them collect undeserved WC benefits.

What do you think?  Are lawyers ever needed on workers compensation cases?   If so, what types of workers compensation cases are the most appropriate for them to take?  Is it right for lawyers to aggressively advertise their services to injured employees?  Is it true that injured workers who hire workers compensation attorneys have to pay their lawyer out of their share of the benefits?  (To join this discussion, please visit our LinkedIn group!)

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