If you’ve been injured at work, dealing with the legal and financial ramifications can be overwhelming. One of the biggest concerns many people have is affording a lawyer to help them navigate their way through the process. While it may seem like an impossible situation, there are steps you can take to protect yourself and seek justice even if you can’t afford legal representation. In this article, we’ll discuss what to do when you suffer an injury at work but can’t afford a lawyer.
Know Your Rights
The first step in dealing with any injury at work is to understand your rights as an employee. Every state has different laws and regulations regarding workplace injuries, so it’s important to do some research and educate yourself on what you’re entitled to. This can help you better navigate the situation and advocate for yourself if necessary.
Report the Injury Immediately
It’s crucial to report any workplace injury as soon as possible, even if you don’t plan on filing a workers’ compensation claim right away. By reporting the injury, you establish a paper trail that can be used as evidence if needed. Additionally, some states have strict time limits for reporting injuries, so it’s best to do so as soon as possible.
Seek Medical Attention
If you’ve been injured at work, seek medical attention right away. Your health and well-being should be your top priority. In addition, getting a medical evaluation can also provide evidence for your case if necessary. If you can’t afford to see a doctor, ask your employer about any company-provided healthcare options or reach out to community clinics that offer low-cost or free services.
Document Everything
As soon as possible after the injury, start documenting everything related to the incident. This includes any medical treatments, missed workdays, and conversations with your employer or insurance company. Keep copies of all paperwork and take notes on any important details that may come up.
Consider Pro Bono Legal Services
Many lawyers offer pro bono (free) services to individuals who can’t afford legal representation. Consider reaching out to local law firms or organizations that provide pro bono services for assistance with your case. Additionally, you can also look into legal aid societies in your area that offer free or low-cost legal help for those in need.
Don’t Be Afraid to Speak Up
If you feel like your employer is not treating you fairly or is trying to minimize your injury, don’t be afraid to speak up. You have the right to a safe and healthy workplace, and it’s important to advocate for yourself in these situations.
Seek Support
Dealing with a workplace injury can be emotionally and financially taxing. Don’t hesitate to seek support from friends, family, or even support groups for those who have experienced similar situations. It’s important to take care of your mental health during this time as well.
Important Questions to Ask
How will case costs be paid?
In a personal injury case, the costs are typically handled through a contingency fee arrangement between the plaintiff and their attorney. Under this arrangement, the attorney agrees to represent the client without upfront fees, instead taking a percentage of the settlement or court award if the case is successful. This percentage usually ranges between 25% to 40%. If the case is unsuccessful, the plaintiff generally does not owe the attorney any fees. However, there might still be other costs associated with the case, such as court filing fees, expert witness fees, and costs for obtaining medical records, which the client might need to cover. Some attorneys may advance these costs and recoup them from the settlement or award, while others might require the client to pay them as they arise.
Whose money will be used to pay them?
The money used to pay for the litigation typically comes from the settlement or award received if the case is successful. This money usually comes from the defendant’s insurance company, which is responsible for compensating the injured party under the terms of the policy. The plaintiff’s attorney fees and other associated costs are deducted from this settlement or award. In cases where the plaintiff does not win, many personal injury lawyers operate on a contingency fee basis, meaning the plaintiff does not owe attorney fees. However, the plaintiff may still be responsible for certain expenses incurred during the case, such as court fees and costs for expert witnesses, which can sometimes be advanced by the attorney and repaid from any future settlement.
Can I get a document in writing that says I won’t owe you anything, including those costs, if the case is lost?
Yes, you can request a document in writing from your attorney that explicitly states you will not owe any fees or costs if your personal injury case is lost. This type of agreement, known as a “no-win, no-fee” or “contingency fee” arrangement, should outline that the attorney will not charge for their services or any associated costs if the case is unsuccessful. It’s crucial to have this agreement clearly documented to ensure there are no misunderstandings about financial responsibilities. Make sure to review the agreement carefully and discuss any concerns with your attorney before signing. Having a written agreement provides peace of mind and legal protection, confirming that you won’t face unexpected expenses if your case does not result in a favorable outcome.
Suffering an injury at work can be a difficult and overwhelming experience, especially when you can’t afford a lawyer. However, by understanding your rights, taking necessary steps to protect yourself, and seeking available resources for legal assistance, you can still seek justice and receive the compensation you deserve. Don’t be afraid to reach out for help and support during this time. Remember that you are not alone in this situation and there are people and organizations willing to assist you.