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The Law Office of Dale Wagner offers introductory answers to frequently asked questions about the services of our office. Click on a subject heading below to view questions and answers relating to your selection. Should you have any further questions, please consult our Contact Us page.
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- If disability benefits are controlled by a set schedule, why do I need a lawyer to assist in handling my claim?
- You are encouraged to work with your assigned claims manager without the assistance of a law firm. In some cases; such as those not involving serious injuries or extensive time loss from work, and with no employer intervention in the claim, legal representation may not be necessary. Having an experienced attorney review your claim, even if only during an initial consultation, can help you to identify future pitfalls and problems or, in the best case scenario, may confirm that you are getting all of the benefits to which you are entitled. The Law Office of Dale Wagner is available to meet with you at no charge to discuss your rights under Washington's Industrial Insurance Act. It is the policy of this office not to become involved in a claim until it is earnestly believed that it is to the benefit of the injured worker to have legal representation.
With that said, there are many different laws and countless cases interpreting those laws which can impact your entitlement to benefits. An attorney knowledgeable about those laws, and the system in general, can help to ensure your rights are protected. Because of the complexity of the medical-legal issues in these claims, a worker trying to navigate on their own may well fail to receive appropriate benefits either by mistake or because such benefits are contested by your employer or the Department of Labor and Industries. The Department of Labor and Industries is always represented by legal counsel in appeals of contested benefits. Many employers are also represented by legal counsel in the process. The Department of Labor and Industries and employers can also simply make administrative mistakes, resulting in the denial of benefits, which may rightfully be yours. Unfortunately, if claims decisions are not protested within the short periods of time allowed by law, they become final and binding even if you can later show that the decision was based on an error of fact or law.
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- How much does it cost to hire a lawyer?
- The attorney fee charged by this office is contingent. This means that you will not pay any attorney fees to this office if we don't obtain or maintain benefits on your behalf. This also means that any benefits obtained by this office will be charged at a percentage rate. You need not worry about whether your attorney is "running up the bill on your case." In other words, we get paid an agreed upon percentage when you get paid. Whether it turns out to be a simple case or a complicated case, the percentage agreed upon remains the same. In this way, the attorney is the one who is taking the risk of not getting paid. That is why we work hard for our clients.
The only costs that are charged to clients are long distance telephone calls, copying costs, money paid out by the firm to the doctor, or other providers who will not provide assistance or records without payment, court filing fees and other litigation expenses (court reporters for depositions, as an example) if necessary. The client is responsible for these costs even if the recovery of additional benefits is unsuccessful. The Law Office of Dale Wagner makes every effort to keep these types of costs to a minimum.
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- When can I talk to a lawyer and does it cost anything to do so?
- The first step begins by you contacting us to schedule an appointment to talk with Dale Wagner. You can do this by either phone or email. When you contact us, we will arrange a mutually convenient appointment date and time. Before your appointment, be sure to gather and bring with you, all of the information you have on your claim, including any documents or correspondence you have received from the Department of Labor & Industries or your employer. You will be asked some preliminary questions or provided with a question sheet to fill out and bring with you. It is as simple as that. At your appointment, Mr. Wagner will review your paper work, ask you some clarifying questions and let you know what your options are. With this information, you should be able to make an informed decision about how to proceed. There is no cost or obligation to you for this consultation with Mr. Wagner.
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- What happens if I want to hire you as my lawyer?
If Mr. Wagner thinks his continued services with your claim would be beneficial to you and you would like to hire him as your lawyer, the required step for this to occur is for you to review and sign a fee agreement document that formalizes your request. You will have the opportunity to take the fee agreement document with you to review and consider before signing. However, Mr. Wagner will not start working on your case and there is no attorney client relationship developed between you and him until this formal document is completed with your signature and given to Mr. Wagner.
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