By Healthesystems
Thirty-four percent of workers with lost time greater than seven days hired attorneys, according to a 2024 Workers Compensation Research Institute study. But why do injured workers hire attorneys?
Industry stakeholders who participated in Healthesystems’ 2025 Workers’ Compensation Industry Insights Survey cited opportunistic attorneys, mega claim settlements, and television ads as being responsible for increasing litigation and high awards in workers’ comp. In addition to these direct perspectives, many studies point to disputes and other difficulties that injured workers experience as primary culprits.
Let’s look at 12 reasons injured workers might choose to hire workers’ comp attorneys:
#1. Fear of being fired when injured
According to a previous WCRI study, 48% of the injured workers who hired attorneys somewhat or strongly agreed that they feared being fired, while only 13% who did not have this fear hired attorneys.
#2. Concern that their supervisor questions the legitimacy of the claims
The aforementioned study concludes that 42% of workers who hired attorneys felt that their supervisors suspected them of faking or exaggerating their injuries, as compared to 15% who did not feel this way.
#3. Belief that the payer/insurer has denied the claim
Also according to the WCRI study, 46% of workers who hired attorneys believed that their claim had been denied, in contrast to 16% of workers who hired attorneys and did not think their claim had been denied.
#4. Difficulty navigating the workers’ compensation system
Workers’ comp professionals and injured workers generally agree that the system is difficult to navigate. Injured workers’ unfamiliarity with the workers’ compensation system is consistently cited as a barrier to recovery in our Annual Industry Insights Survey and 58% of participants said so this year.
#5. Lack of communication from employer
This reason goes hand-in-hand with the fear of being fired. When injured workers are away from the workplace and do not hear from their managers or other representatives of the organization, they sometimes feel neglected and can imagine the worst.
#6. Lack of communication from the insurer/adjuster
Communicating with each injured worker quickly and personally (i.e. by phone) is often not realistic or efficient for busy claims professionals. Unfortunately, form letters are frequently ineffective, and anxious injured workers may become frustrated and fearful when the information they need is absent or delayed.
#7. Confusing or conflicting information
Sometimes a lack of communication is replaced by information and requests coming from multiple sources that are duplicative or appear to conflict. Navigating the system can feel overwhelming to someone already dealing with an injury or illness and turning it all over to an attorney may seem like the best option.
#8. Loss of employer-paid health insurance
Depending on the state and employer, injured workers with lost time claims may also lose their employer-paid health insurance. This makes it all the more important that their treatment be covered by workers’ compensation insurance, and attorney representation may make them feel more secure.
#9. Denial or delay of prescribed medical treatment
Forty percent of injured workers surveyed by Healthesystems cited denial of a specific treatment and/or sufficient fund allocation to pay for treatment as their #1 reason for hiring an attorney. As noted, belief that a claim has been denied is a top reason for hiring an attorney and denial or significant delay of medical treatment can also lead to attorney involvement.
#10. Delays in indemnity or medical benefit payments
Injured workers who are out of work for any period of time must make do with reduced wages. And, although medical providers are prohibited from collecting payments from injured workers for work-related care, some providers may still send a bill, which adds to the worker’s stress and belief that they need legal representation.
#11. Dissatisfaction with employer before injury
It is safe to assume that the unhappy worker blames the employer and has less trust that they will receive fair treatment and adequate coverage. Injured workers who are alienated from their employers are more likely to hire attorneys.
#12. Lack of modified work duty
The longer injured workers remain at home, the higher the chances they will experience depression and anxiety, which can exacerbate symptoms and delay recovery. The ability to return to the workplace for at least part of the day and contribute in some way can do wonders for a worker’s wellbeing and improve relations with employers.
Want to Learn More?
For a deeper look at workers’ comp litigation, including tips to reduce litigation in workers’ comp claims, read our RxInformer magazine article, Concerning Counsel: A Look at Litigation in Workers’ Comp.
