Filter by

star star star star star
05 Oct, 2017 by Zack
“THE” only Workers Comp attorney you should know. Draper DEFINITELY sets the bar in his industry. I hired Draper in 2016 for a Workers Comp claim. He has been on this case now for over a year and literally has guided me in every aspect. He was and is still my advocate. If you want a lawyer that keeps open lines of communication this is your guy!! I have never once had an issue with getting a return phone call or email and his response time is even more impressive. Even though he has had my case for 15+ months now I still get the feel that my case is very important. Draper is very knowledgeable with what he does and I am so thankful I found him!! So whatever you do make sure Draper is your first call! Don’t make the mistake of calling him after you realize that your current council isn’t making the cut. His office gives risk free consultations so this should be a no brainer. Take my advice, this is your guy! I should know, he won my case!
Read more Avvo
star star star star star
31 Jul, 2014 by Kilgore
After early denial and very poor action from first attorney chris lee from leticia gonsalez firm (didnt even show for brc and failed to inform me he cancelled yet charged me office visits i never made and cancelled my brc without my consent or notifying me i found out 4 months later) i can only tell you my case was more than severely damaged,so i tried ombudsman which only made matters worse,much worse . I was so far behind the 8 ball with a 19 day deadline till contested case hearing when i desperately searched for an excellent attorney with skills in contested case hearings ..mind you many advertise they can help you buy once you mention these type severities or problems at this point,they want off the phone so quick they almost hang up chokin on their inaddequicies,and you will be quick to hear most say they dont handle contested case hearings . They just arent the real deal trial hardened type such as " Toby" Draper Rodriguez ! He worked so hard to obtain all my records and files from all the numerous places and Dr. In less than 10 days and was up to par and so far ahead of the game on our hearing day I was convinced of the very confident feeling i had on day one of hiring him and following my first consultation. I left his office with the first glimpse of hope i had to this point since the injury and all the anguish and pain and unknowing uncertainty started.Toby breathed life back into me ..that moment alone was priceless in comparison to how it feels to be losing your career and livelyhood and material things etc. Then the day came and Draper slayed them ..i mean he was a calculated assassin of delivering his knowledge which i might add he is a walking text book of knowledge concerning all matters of the workers comp laws and procedures . Incredible vast knowledge! He also has ability to read people and get on your level so you dont feel at all like the little man or confused . I highly recomend "Toby" Draper Rodriguez for any of your litigation matters . We whooped them that day! Thank you so much Toby! Words will never express how greatfull I am to have you on my side working that hard for my rights and what I am entitled to as humane ! Client as of may 19th 2014 and for life !!
Read more Avvo
star star star star star
24 Oct, 2013 by Anonymous
I was struck at a stop light by a driver who was high, had no license and was in an automobile that wasn't registered in his name. He totaled my car, and struck several more along the way. I clearly took the brunt of the impact. Despite having run into a lack of coverage initially and a denial by the insurance carrier, Toby kept on the insurance carrier until they accepted liability for the claim. He was able to settle the matter for much more than I had anticipated. He took care of my PIP claim and negotiated reductions of my medical payments such that I was able to put a substantial amount of money in my pocket. He did this professionally, always let me know what the status of the matter was, did so in a quick manner after I had finished treating, and was reasonable with the amount he charged. It was a pleasant experience to have an attorney who treated me like a friend and not just another client. I would highly recommend this attorney for any personal injury work in the future.
Read more Avvo
See more
star star star star star
07 Nov, 2024 by Mark stone
Google Maps
star star star star star
28 Oct, 2024 by Rick beal
Ben did a great job for us in Lubbock. Will not hesitate to use him again if needed.
Read more Google Maps
star star star star star
18 Jun, 2024 by Katie quackenbush
The absolute best.
Read more Google Maps
See more
star star star star star
27 Jul, 2015 by David
hired him late Feb. 09 for breach of contract he turned it into on job injury then sat on breach of contract (never returned my calls) then passed statue of limitations even lost injury case would't put me on witness stand
Read more Avvo
star star star star star
03 Feb, 2014 by Ravan
Alan could not have described him better! He takes every case personal. He takes time in research and never leaves a 'T' uncrossed. I would and have recommended him to anyone! He knows the law but never uses it to patronize his clients. In my opinion, he is the best!
Read more Avvo
star star star star star
12 Aug, 2013 by Miguel
Mr. Miller is the worst attorney I have ever dealt with. He is sloppy and makes lots of mistakes. He is not always truthful and is not professional. Even when he doesn't know what he is talking about, he acts like he does. Under no circumstances would I recommend using Mr. Miller. I wish I had read the other comments on Mr. Miller. I guess that is why this site exists!
Read more Avvo
See more
Discover the ideal lawyer
You can search a lawyer by practice area, lawyer name, city, state, or ZIP code
FAQs
Questions? We have answers

What a Workers’ Compensation Lawyer Can Do for You

A workers’ compensation lawyer specializes in helping employees who are injured or become ill as a result of their job to receive the benefits they are entitled to under workers' compensation laws. These lawyers represent injured workers in claims for medical benefits, wage replacement, and other compensation related to workplace injuries or illnesses. They also help when claims are denied, benefits are delayed, or disputes arise with the employer or the insurance company.

Whether you've been injured on the job, developed an occupational illness, or are dealing with a denied workers' compensation claim, a workers’ compensation lawyer can help you navigate the claims process and ensure you receive the full benefits you deserve.

When Should I Hire a Workers' Compensation Lawyer?

You should consider hiring a workers' compensation lawyer in several situations, especially when complications arise during the claims process or when your rights as an injured worker are being challenged. Some common reasons to hire a workers' compensation lawyer include:

  • Claim denial: If your workers' compensation claim has been denied, a lawyer can help you appeal the decision and represent you in hearings or litigation.
  • Inadequate benefits: If the insurance company offers you a settlement that doesn’t cover your medical expenses, lost wages, or other damages, a lawyer can negotiate on your behalf for a fair amount.
  • Delay in receiving benefits: If your benefits are being delayed, a lawyer can help expedite the process to ensure you receive timely compensation.
  • Permanent disability: If your injury leads to permanent disability (partial or total), a lawyer can help you navigate the more complex process of securing long-term benefits.
  • Retaliation by employer: If your employer retaliates against you for filing a workers' compensation claim (e.g., by firing or demoting you), a lawyer can protect your rights and pursue legal action.
  • Third-party liability: If a third party (e.g., a contractor or equipment manufacturer) was responsible for your injury, a lawyer can help you pursue additional compensation through a personal injury lawsuit.
  • Pre-existing conditions: If your employer or the insurance company claims that your injury is related to a pre-existing condition, a lawyer can help you present evidence showing that the injury was work-related.

Hiring a lawyer early in the process can prevent delays, avoid mistakes, and ensure you receive all the benefits you’re entitled to under workers' compensation law.

What Does a Workers' Compensation Lawyer Do?

A workers' compensation lawyer provides a range of legal services to injured workers, ensuring that they receive the benefits they deserve. Their tasks often include:

  • Filing claims: Helping injured workers prepare and file their workers' compensation claims to ensure accuracy and timeliness.
  • Appealing denied claims: Representing workers whose claims have been denied and guiding them through the appeals process, including hearings and court appearances.
  • Negotiating settlements: Negotiating with insurance companies to secure fair compensation for medical expenses, lost wages, and other damages.
  • Handling disputes: Resolving disputes between the injured worker, the employer, and the insurance company regarding the amount of compensation or the nature of the injury.
  • Coordinating medical evidence: Gathering and presenting medical records, expert testimony, and other evidence to support the workers' compensation claim.
  • Advocating for benefits: Ensuring that injured workers receive all the benefits they’re entitled to, including temporary or permanent disability benefits, vocational rehabilitation, and medical treatment.
  • Filing third-party lawsuits: In cases where a third party is responsible for the injury, a workers' compensation lawyer may also pursue a personal injury lawsuit to recover additional damages.

How Are Workers’ Compensation Lawyers Paid?

Workers' compensation lawyers typically charge a contingency fee, meaning they only get paid if they successfully recover benefits for you. This fee is usually a percentage of the benefits awarded, and the specific percentage is often regulated by state law. Here's how it generally works:

  • Contingency fee: The lawyer's fee is typically between 15% and 25% of the total benefits awarded to you. You don’t have to pay any upfront legal fees, and the lawyer’s fee comes out of the settlement or benefit award.
  • No fee if no recovery: If the lawyer doesn’t recover any benefits for you, you generally don’t have to pay for their services.
  • State regulations on fees: Many states cap the percentage that workers' compensation lawyers can charge, and some states require the fee to be approved by the workers' compensation board or judge.

Be sure to discuss the fee structure with your lawyer during the initial consultation to understand how much you will owe if your case is successful.

How Much Does a Workers' Compensation Lawyer Cost?

The cost of hiring a workers' compensation lawyer typically depends on the contingency fee arrangement, meaning the lawyer’s fee will be a percentage of the benefits you receive. General cost estimates include:

  • Contingency fees: Most workers' compensation lawyers charge between 15% and 25% of the total settlement or benefits awarded. For example, if you receive $50,000 in benefits, the lawyer’s fee would range from $7,500 to $12,500.
  • State regulations: Some states limit the percentage that workers' compensation lawyers can charge. In these cases, the fee is usually capped, often at 20% to 25%, depending on state law.
  • Additional costs: Some lawyers may charge for out-of-pocket expenses, such as filing fees, medical records retrieval, and expert witness testimony, though these costs are typically deducted from the settlement after the case is won.

You should always ask for a clear explanation of fees and potential additional costs during your consultation so you understand the financial arrangement.

Top Questions to Ask a Workers' Compensation Lawyer

Before hiring a workers' compensation lawyer, it’s important to ask the right questions to ensure they are the best fit for your case. Key questions to ask include:

  1. What experience do you have with workers' compensation cases?
    Ensure the lawyer has experience handling cases similar to yours, especially if your injury is severe or the case involves disputes.
  2. How do you charge for your services?
    Clarify whether the lawyer charges a contingency fee and whether there are any additional costs you need to be aware of.
  3. What is the likelihood of success in my case?
    Ask for an honest assessment of your case, including the potential challenges and outcomes.
  4. Have you handled cases like mine before?
    Find out if the lawyer has experience dealing with cases involving similar injuries or disputes, such as denied claims or permanent disability.
  5. How long will the process take?
    While it’s difficult to predict an exact timeline, the lawyer should be able to provide a general estimate based on their experience with similar cases.
  6. Will you personally handle my case?
    In larger firms, junior attorneys or paralegals may handle parts of your case. Make sure you know who will be working on your claim.

How to Check the Credibility of a Workers' Compensation Lawyer

To ensure you are hiring a reputable workers' compensation lawyer, follow these steps to verify their credentials and track record:

  • Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed and in good standing, with no disciplinary actions against them.
  • Look for workers' compensation experience: Review the lawyer’s website or professional profile to ensure they specialize in workers' compensation law and have successfully handled cases similar to yours.
  • Read client reviews and testimonials: Look for client reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s expertise and service.
  • Ask for references: A credible lawyer should be willing to provide references from past clients who can speak to their experience in workers' compensation cases.
  • Check for professional affiliations: Membership in organizations like the Workers' Injury Law & Advocacy Group (WILG) or local bar association committees on workers' compensation can indicate the lawyer’s commitment to this area of law.

What Should I Prepare for My First Consultation?

To make the most out of your first consultation with a workers' compensation lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:

  • Accident report or incident documentation: Bring any documentation related to your workplace injury or illness, including accident reports or notifications to your employer.
  • Medical records: Provide copies of medical records, including treatment notes, doctor’s reports, and any information related to your injury or condition.
  • Employer correspondence: Bring any letters, emails, or forms related to your claim from your employer or the workers' compensation insurance company.
  • Wage and benefits information: Provide information on your wages, benefits, and any lost income due to the injury.
  • List of questions: Prepare questions about your case, the process, costs, and what to expect moving forward.
  • Timeline of events: Prepare a timeline of the incident, your injury, and any medical treatment or communication with your employer and the insurance company.

Being well-prepared for your consultation will allow the lawyer to assess your case more effectively and provide you with the best possible legal advice.

Scroll to top