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

The workers’ compensation system provides crucial benefits to Californians who get injured on the job. Like any legal process, however, workers’ comp can sometimes be confusing and overwhelming for those without prior knowledge of the system or specific legal training. This is especially true for someone trying to recover after a serious illness or injury. That leaves many injured workers contemplating the pros and cons of hiring a workers’ comp attorney in California.

While it may be possible for some injured workers to successfully handle their own claims, workers’ comp cases can quickly and unexpectedly become complex, especially if you find yourself up against an employer or insurer who is resistant to paying out rightful claims. Enlisting the help of a reputable workers’ comp lawyer can help sick and injured employees make effective decisions about their case and maximize their benefits.

Advantages of Hiring a Workers’ Comp Attorney

There are many benefits and positive aspects of teaming up with a trusted lawyer to file your California workers’ comp claim:

Maximized Compensation Package

One of the main advantages of hiring an attorney is the potential to leverage their skill and knowledge to secure the highest possible level of compensation for your injury. Insurance companies, by their very nature, often seek to minimize payouts. Without adequate legal representation on your side, you may be pressured into settling for less than you deserve.

A skilled workers’ comp attorney, such as those available at Wiesner English, P.C., of San Jose, understands the complexities and challenges of this system. They can fight for every last cent of legally compensable damages and benefits.

Comprehensive Legal Representation

In theory, workers’ compensation is a system designed to be available to injured workers who need it. In reality, workers’ comp cases involve a lot of paperwork, deadlines, and tedious legal details. Your lawyer can work to properly complete all forms and submit them on time, reducing the risk of delays or denials due to simple procedural errors.

Fighting Back Against Denials and Disputes

Employers, their legal teams, and their insurance carriers often try to deny or minimize claims for obvious, financially motivated reasons. They will go to great lengths to disguise their true intentions in legal proceedings and negotiations. From claiming a lack of medical evidence to questioning whether your injury was truly work-related, employers and their agents need to be met with powerful legal representation of your own.

Your attorney can efficiently and effectively appeal any denials, gather and contextualize medical records and other evidence to prove the work-related nature of your injury and offer fierce representation at hearings and negotiations.

Protection From Retaliation

In addition to trying to deny or falsely minimize claims, some bad faith employers may also attempt to retaliate against an employee who uses their legally mandated workers’ compensation benefits. This happens with alarming regularity, even though California law prohibits employers from retaliating against employees who file workers’ comp claims.

Additional Compensation

In certain unique cases, an attorney could also identify potential additional claims and damages beyond your workers’ comp case. For example, you could file a third-party liability claim if the negligence or malfeasance of some other party contributed to your injury.

Disadvantages of Hiring a Workers’ Comp Attorney

Although an attorney can greatly benefit your case in the above ways, there can also be some disadvantages of hiring an attorney:

Attorney Fees

Quality legal representation can be a significant investment for a working-class family. One common method of making workers’ compensation assistance more attainable is for attorneys, such as those at our firm, to take these cases on a contingency fee basis, meaning there is no upfront or hourly charge for legal services. If they win, the attorney is paid a percentage of the eventual settlement or judgment in their client’s favor. If they lose, you don’t owe them any fees.

Not Every Situation Necessarily Requires an Attorney

Some workers’ comp cases are straightforward, and they can successfully be processed by someone with no legal background with satisfactory results. The problem is that there is often no way of knowing whether you need an attorney until after complications and challenges arise. What begins as a straightforward claim for your legally entitled benefits can quickly be complicated by your employer, their legal counsel, or their insurance carrier.

A Contested Case Can Sometimes Lengthen the Process

While an attorney can strengthen your case and maximize your claim, the involvement of private legal representation can, in some cases, lengthen the process. It can sometimes take time for a trained and adept legal practitioner to fully respond to any challenges or disputes that arise in the process.

In many other cases, however, an attorney’s help can actually expedite the workers’ compensation process by managing deadlines and documentation. For workers seeking a quick resolution, it will be important to talk to your attorney about the potential timeline they envision for your case.

It’s important to understand that the pros and cons listed above are merely common examples and generalizations. Every case is unique and requires unique legal strategies to maximize compensation and ensure a positive outcome. When trying to decide whether to work with an attorney, contact a prospective attorney directly and set up a consultation. That way, you can have a one-on-one conversation about your claim and its prospects.

FAQs

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

The fees for a workers’ comp attorney in California are capped by state law, but each firm will charge a different fee when working on a contingency fee basis. Every case is different, and so is every law firm. Therefore, it’s important to speak directly with your chosen attorney to understand their fee structure and payment policies.

What Would a Workers’ Comp Lawyer Not Tell Me?

A good workers’ comp lawyer won’t tell you to do anything that is against your interests or jeopardize your workers’ comp case. It is important to work with an attorney you trust, one who takes the time to understand and evaluate every detail of your case to build the strongest possible claim. If you feel concerned that your workers’ comp attorney is withholding information from you, it may be time to seek a second opinion from a more reputable lawyer.

What Should I Avoid Saying to a Workers’ Comp Doctor?

You should not say anything to a workers’ comp doctor to imply that your injuries are not completely work-related. Answer the doctor’s questions in a straightforward and honest manner, but be as concise as possible. Do not offer any additional comments that might be misconstrued or used against you. It’s a great idea to speak with your lawyer for one-on-one coaching prior to any meetings with doctors or state workers’ comp officials.

How Do You Win Against Workers’ Comp?

How you win against workers’ comp is a question that represents a misunderstanding of the workers’ compensation insurance system. Filing a claim for a work-related injury does not create a conflict or competition with the state’s workers’ comp system that you must “win.” You are simply claiming workers’ compensation benefits to which you are legally entitled.

You will need to prove the severity of your injuries and that they are work-related, but this is a normal part of the claim process. Friction and conflict in this process come from employers and their insurance carriers rather than the workers’ comp system itself.

Wiesner English, P.C.: Powerful Legal Help for Workers’ Compensation Claims

If you need help with a workers’ compensation claim, no matter where you currently are in the process, Wiesner English, P.C., can assist you. We take pride in our ability to help injured Californian workers get the benefits and financial payments to which they are entitled. In fact, workers’ compensation is the main focus of our entire legal practice. Contact our offices today to get the process started with a no-pressure consultation.