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What Other Workers’ Comp Lawyers Won’t Tell You

Published October 23, 2024 by Matt Fendon Law Group | Workers' Compensation

Although a law firm may not intend to deceive you, it will sometimes not tell you everything you should know about how the Arizona workers’ compensation claims process works.

At Matt Fendon Law Group, we believe transparency is essential to a strong client-attorney relationship. Making a claim for Arizona workers’ compensation benefits can be complicated enough without wondering if your attorney is keeping vital information from you. Here, we cover ways some other workers’ comp law firms can leave out important information on how your claim gets resolved.

If you have been injured at work or have developed a medical condition because of conditions at your place of employment, call us at (800) 229-3880 or contact us online to speak with an experienced workers’ compensation lawyer and to learn everything you should know about how to proceed with your workers’ comp claim. 

what other workers' comp lawyers won't tell you

Things a Workers’ Comp Lawyer Will Not Always Let You Know

Lawyers are business people. Like many business professionals, some lawyers will not be keen to tell you why you should not choose them for your business.

However, our experienced workers’ compensation attorneys at the Matt Fendon Law Group know that the more informed our clients are, the more confidence they have in us and our legal representation. In this spirit, we offer the following tips for when you are deciding whether to hire us for your Arizona workers’ comp claim.

It Is OK to Make a Careful Decision About Which Law Firm to Use

You can choose from many workers’ comp law firms and lawyers in the Phoenix area. Knowing this, many firms may try to win your business quickly without waiting for you to “shop around.”

Full disclosure from your lawyer begins with the free consultation that most workers’ comp law firms offer. The first thing that some of these firms will not tell you is that you are not obligated to sign a retainer immediately.

Some attorneys may pressure you to sign a retainer immediately, suggesting you could lose your right to file for workers’ compensation benefits. While Arizona law does set a time limit, you generally have one year from the date of injury to file a claim. As long as you haven’t delayed significantly, you typically don’t need to hire a lawyer right away.

At the Matt Fendon Law Group, our experience, our track record of success in workers’ comp cases, and client relations give us the confidence to represent you to the best of our ability.

We are not afraid of our competition, so we will not pressure you during your free initial consultation. When you choose us, it should be from a sense of confidence in the outcome, not anxiety about what might happen if you don’t.

You Do Not Need to Pay Upfront Fees for Your Workers’ Comp Lawyer

A good workers’ comp law firm does not require injured employees to pay anything upfront. In fact, most workers’ compensation lawyers work on a contingency fee basis, meaning we only get paid if and after you do. No attorney should ask you to pay a retainer fee immediately for an Arizona workers’ compensation claim or to ask you to pay in advance for any other costs.

It is OK to Change Your Attorney After You Start Your Claim

It is not uncommon to become less-than-satisfied with the level of service you are receiving from a law firm over time. However, a few lawyers may want to tell you that if you “change horses in midstream,” you may jeopardize your workers’ compensation claim.

In reality, this is rarely the case. You should feel free to switch law firms if the one you initially chose isn’t treating you respectfully or handling your claim as diligently as expected. A good workers’ comp lawyer doesn’t need to convince you to stay if you’re dissatisfied; they should recognize the importance of your claim and act in your best interest.

At the Matt Fendon Law Group, we diligently represent you with insurers and stay on top of your claim until you receive the settlement you deserve. We understand that your maximum settlement can make all the difference in how fast and how well you recover from a workplace injury.

You Deserve a Lawyer’s Attention for Your Claim

Because workers’ compensation lawyers work on a contingency basis and only get paid if you receive compensation through a settlement or other claim resolution, some lawyers can be tempted to minimize costs and cut corners when preparing and negotiating your claim. One way they can do this is to put as much of the workload as possible onto non-attorneys, particularly paralegals.

Paralegals serve an important role in many law firms. Not every legal task requires an attorney’s direct involvement, so a paralegal can handle many routine matters like information gathering and preparing claim documentation for medical benefits. However, there are some matters that a paralegal should not be handling for your claim, especially when it comes to doing what is necessary to ensure you receive the maximum benefits.

Knowing how to negotiate with insurance companies is an acquired skill that workers’ comp lawyers develop through specialized training and experience and cannot be delegated. 

At the Matt Fendon Law Group, we never forget that you come to us for an attorney’s legal help. Our paralegals support us, and our lawyers represent you. You can be confident that your claim will be handled by a licensed Arizona attorney who is an expert in workers’ compensation law and highly experienced in settlement negotiations.

You Do Not Have to Accept a Quick Settlement Offer

Negotiating with a workers’ compensation insurance company is like many other negotiations: the initial offer you receive is often not the best one for you.

The insurance company’s primary goal is to minimize payouts, not to ensure you receive all you need for medical costs or long-term wage replacement if you can’t return to work as before. They have no legal obligation to make sure you get what you deserve.

Unfortunately, some workers’ compensation attorneys tend to settle claims quickly to cut down on internal business costs or to reduce workloads. This may also happen if your lawyer is not a skilled or diligent negotiator or if the attorney is not prepared to take your case to court if need be. In a worst-case situation, your attorney might even have an undisclosed conflict of interest between your case and your employer or its insurer.

Your workers’ comp lawyer has an ethical obligation not just to represent your interests but to do so zealously. “Phoning it in” is unacceptable when dealing with an insurance company.

The skilled workers’ compensation lawyer assigned to you at Matt Fendon Law Group has one mission: to achieve the best possible outcome for you. We understand that in cases of severe injuries or denied claims, we may need to go the extra mile, even if it means not maximizing our own contingency fee.

You can be confident that we will never put our economic self-interest ahead of your compensation needs and long-term recovery. If that means multiple rounds of tough negotiations or even being ready to go to court, then so be it.

You May Need to Reopen a Workers’ Comp Settlement

The Arizona workers’ compensation system allows for two main kinds of settlements: structured settlements that pay out benefits over time and full-and-final settlements that usually result in lump-sum payments.

The main difference between these two settlement types is the ability to predict exactly how much compensation you will need to heal fully. Treatment needs can change over time, requiring adjustment to your claims at later dates. 

A structured settlement is easier for an injured worker to re-open with your employer’s insurance company when it becomes apparent that the initial settlement did not adequately anticipate these changing circumstances.

A lump-sum, full-and-final settlement is harder to re-open. You and your workers’ comp lawyer will need to be more diligent and forward-thinking in anticipating your possible future medical expenses.

In either event, your attorney should not discourage you from re-opening a settlement to meet your actual needs. 

At Matt Fendon Law Group, your attorney’s relationship to your claim and recovery is not based on a “one-and-done” philosophy. Even if it means contentious negotiations and revisiting your settlement, we will not back down to ensure that you receive the benefits you need and deserve today and tomorrow.

What to Look for in a Workers’ Compensation Attorney

Now that we have considered factors that some workers’ compensation lawyers do not want to discuss, we address what you should look for when choosing a law firm to represent you in a workers’ comp claim in Arizona.

Here are three topics to ask about during any free consultation.

Exceptional Customer Service

At the Matt Fendon Law Group, we are the rock for injured and disabled workers in Flagstaff, Prescott Valley, Scottsdale, Tucson, and Phoenix. While some firms only say it, we mean it when we tell you we genuinely care about our clients and treat each one as more than just a case number.

When our firm represents you, you receive a response to any inquiry within 24 hours. During your first consultation, you will meet one-on-one with an experienced lawyer to discuss the specific facts of the situation. Unlike some firms where you can have trouble getting in touch with your attorney, our lawyers stay by your side throughout the process to help you feel comfortable and confident about the outcome of your case.

Specialized Legal Knowledge

Founding attorney Matt Fendon was recognized by the State Bar of Arizona as a specialist in workers’ compensation law. His legal understanding and commitment to ethical practices help ensure we deliver a high level of legal advice.

National Recognition

Our firm’s lawyers have become known as thought leaders in workers’ compensation law. They have also worked as contributing editors to Attorney at Law magazine, and the media frequently quotes us for our legal perspective.

Our history of successes in workers’ compensation cases and knowledge have allowed our team to earn several prestigious recognitions. These include being included in the list of Super Lawyers in Arizona, an AV Preeminent* rating by Martindale Hubbell, a 10.0 Superb rating from Avvo, and previously being named to the Top 40 Under 40 list by The National Trial Lawyers.

Don’t leave your workers’ compensation claim to chance. Don’t settle for an attorney who gives you less than what you need to get what you deserve when recovering workers’ compensation benefits.

Call the Matt Fendon Law Group today and find out in a free case evaluation the difference we can make for you.

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