Before you hire a workers’ compensation lawyer, you should ask them about their litigation experience, how they handle fees and communication, and whether they’ve handled cases involving your specific injury.
Litigation experience matters the most because you don’t get to choose whether your claim stays simple. Some claims really are that simple: file the forms, wait for benefits, done. But when an insurer disputes your injury, cuts off your medical treatment, or moves to reduce or stop your checks, your claim becomes a contested case.
Knowing how a lawyer handles this scenario before you hire them means you’re not finding out the hard way, after you’re already in a fight.
These questions are not meant to test an attorney. They’re meant to help you understand who will handle your case and whether they’re the right fit before you sign any paperwork.
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Call Us At 844-686-5397 What Questions Reveal Real Litigation Experience?
These questions can help you understand how often an attorney handles disputed claims, appears before workers’ compensation judges, and prepares cases for the possibility of a hearing:
How much of your practice is devoted to workers’ compensation? Workers’ compensation has its own judges, rules, deadlines, and evidence. You want someone who works in that system every day, not a general practitioner who takes the occasional claim.
How many cases like mine have you handled from start to a hearing before a workers’ compensation judge? Listen for specifics about the process, not “I’ve handled hundreds of cases.” A lawyer who regularly litigates can walk you through what a hearing actually involves.
Who will personally handle my case if my benefits are disputed or it goes before a judge? Some firms advertise experienced attorneys, but an associate handles the hearing. Ask directly: Will you take the medical depositions? Will you argue the case in front of the judge?
How often do you appear before workers’ compensation judges? In workers’ comp, courtroom experience isn’t about juries. It’s about how often a lawyer is in front of a judge, cross-examining the insurer’s doctor and defending against petitions to reduce or terminate benefits.
What usually determines whether a claim is accepted, settled, or has to be litigated? Experienced lawyers should be able to explain the factors that commonly lead to disputes, such as disagreements over whether the injury was work-related, claims involving pre-existing conditions, unfavorable independent medical exam (IME) findings, impairment ratings, or settlement offers that don’t fairly reflect the value of the claim. A clear, specific answer demonstrates practical experience and sound judgment.
How do you prepare a claim from the beginning in case the insurer disputes it? The strongest workers’ comp lawyers build every claim as if it will be litigated. They secure the treating doctor’s opinion, document the injury and work restrictions early, and anticipate the insurer’s medical and vocational evidence before it arrives.
What challenges do you expect in a case like mine? Experienced attorneys don’t promise an easy result. They’ll name the real hurdles, such as an upcoming independent medical exam or impairment-rating evaluation, a utilization review of your treatment, a labor-market survey arguing you can earn more than your injury allows, or a fight over whether the injury is work-related.
What Else Should You Ask Before Hiring a Workers’ Comp Lawyer?
Before making your decision, it’s also worth asking a few practical questions about fees, communication, and what happens if your claim is denied:
What percentage will you take, and does that change if my claim is denied? Pennsylvania law caps workers’ compensation attorney fees at 20% of the benefits recovered, and every fee agreement must be approved in writing by a Workers’ Compensation Judge before an attorney may collect any fees. A judge can approve a higher fee only for cause shown. So, if a lawyer quotes well above 20% without explaining why, ask what that cause is. Fee arrangements can also work differently when your lawyer wins a favorable result, but no immediate benefit is awarded, such as beating back a termination or suspension petition, so ask how they’re paid in that scenario, too.
Who will actually be my point of contact, and how often will I hear updates? Ask whether you’ll be dealing directly with the attorney or primarily with a paralegal or case manager, and how often you should expect updates without having to chase them down. A firm handling a high volume of claims can still serve you well, but only if they’re upfront about who answers your calls and how quickly.
What happens if my claim is denied, and do you handle the appeal? A denial isn’t the end of the case. It can be appealed to the Workers’ Compensation Appeal Board and, if not resolved earlier in the process, to the Commonwealth Court of Pennsylvania. Ask directly whether the attorney handles appeals themselves or refers them out, since an appeal turns on the same medical and legal groundwork built at the hearing level, not new evidence.
What Answers Should Raise Concern?
Be cautious if an attorney:
- Guarantees a specific benefit amount or settlement. No one can promise what a judge or insurer will do.
- Treats comp as pure paperwork and can’t explain how a disputed claim is litigated before a judge.
- Is vague about who will handle your hearing.
- Can’t describe how they’d respond to an independent medical exam, an impairment rating, or a petition to stop your benefits.
- Leads with advertising and awards instead of hands-on experience in front of the judges who will decide your case.
- Can’t clearly explain their fee structure or dodge the fact that a judge has to approve it.
- Won’t tell you who you’ll actually be able to reach with questions once the case is underway.
Why Does Asking the Right Questions About Your Workers’ Compensation Claim Matter?
The goal isn’t to find a workers’ comp lawyer who litigates every claim. It’s to find one with the experience, preparation, and willingness to take your case before a judge when the insurer won’t offer what’s fair, and who is upfront about cost and communication from the start. Insurance carriers track which firms actually litigate, and that reputation shapes how they value a claim long before a hearing is scheduled.
Caroline Munley, a Pennsylvania Bar Association certified workers’ compensation specialist, leads our team through Pennsylvania workers’ compensation claims, from the first report of injury through hearings and appeals across all nine of our offices. If you’re looking for straight answers about your own claim, our workers’ compensation questions and answers cover what to expect at each stage.
Every workplace injury and every claim is different, and Pennsylvania workers’ compensation deadlines are strict. If you’ve been hurt at work, talk to a workers’ compensation lawyer at Munley Law promptly about your specific situation.
Caroline Munley
Caroline Munley is an experienced and award-winning personal injury lawyer and is a board-certified workers’ compensation specialist. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA), Lawdragon, and has been a Pennsylvania Super Lawyer since 2022. A member of the International Society of Barristers, Caroline has won millions of dollars for car accident, commercial truck crash, and workplace injury victims.
