Once you’ve decided to hire a
workers’ compensation attorney, the next question is which one. Every firm’s website says roughly the same thing — “experienced,” “aggressive,” “we fight for you.” That language doesn’t tell you anything useful. What actually separates a strong attorney from a weak one comes out in a short conversation, if you know what to ask.
At
The Law Offices of Frank J. Dito, Jr., we offer free consultations specifically so you can evaluate us the same way you’d evaluate anyone else — and we’d rather you ask hard questions up front than find out the answers the hard way, six months into your case.
Call 718.701.2776 to schedule a free consultation and use the questions below to guide it.
Questions to Ask in Every Consultation
“How many cases like mine have you actually handled?” Not just workers’ comp cases generally — cases with your specific injury type, or your specific complication (a denial, a disputed IME, a permanency dispute). A lawyer who can speak specifically to your situation, rather than in generalities, has likely handled it before.
“Who will actually be working on my file?” At some firms the attorney you meet in the consultation isn’t the one who appears at your hearings. That by itself is not a problem — what matters is whether it is the
same attorney every time. A lawyer who has had your case from the start knows what the judge said last time and what the carrier was directed to produce; a lawyer covering an appearance for the first time is reading a summary. So ask two things: who will appear at my hearings, and will it be the same person every time? Then ask who you call between hearings, and whether that person knows your case.
More on why continuity matters.
“What’s your approach if my claim gets disputed or denied?” Listen for a specific answer — what evidence they’d gather, whether they’d request an independent medical opinion, how they’d prepare for a hearing — rather than a vague reassurance that “we’ll fight for you.”
“How and how often will you update me on my case?” Workers’ comp cases can run for months. Ask what to expect: will you get a call after every hearing, a status update at set intervals, a direct line to a paralegal for quick questions? A firm that can’t answer this clearly in the consultation often can’t deliver on it later either.
“What are your fees, and what happens if I lose?” In New York, workers’ comp attorney fees are contingency-based and require Workers’ Compensation Board approval — a legitimate attorney should be able to explain this clearly in under a minute. For the full breakdown, see our
complete guide to what a workers’ comp lawyer costs.
Credentials Worth Verifying
Beyond the conversation itself, a few things are worth confirming directly: that the attorney who will appear at your hearings is licensed to practice in New York and appears regularly before the Workers’ Compensation Board, that the firm has handled cases at the WCB hearing location yours will be assigned to, and that any advertised results or testimonials are specific enough to check rather than generic.
Red Flags to Watch For
A guaranteed outcome. No ethical attorney can guarantee a specific result before reviewing your medical records and case details. A firm that promises a number or an outcome in the first call is telling you what you want to hear, not what’s realistic.
Vague or evasive answers about fees. If you ask directly how fees work and get a non-answer, that’s worth noticing — fee structures in workers’ comp are regulated and shouldn’t be hard to explain.
Pressure to sign immediately. A legitimate firm wants you to feel confident in your choice, not rushed into it. There’s no reason a genuine consultation should require an on-the-spot decision.
No clear answer about who handles your file day to day. If the person on the phone can’t tell you who will manage your case, who will appear at your hearings, or whether it will be the same attorney each time, that’s a sign your file may get passed around.
After the Consultation: Making the Decision
Once you’ve spoken with one or more attorneys, the comparison usually comes down to a few things: did they ask you specific, relevant questions about your injury and your job, rather than just talking at you? Did they give you a clear, honest sense of what to expect — including the parts of your case that might be difficult? And did you leave the conversation with a clearer understanding of your situation than when you called?
If you’re still deciding whether you need an attorney at all before you get to this stage, our guide on
when a workers’ comp claim actually needs a lawyer walks through the specific situations where representation changes the outcome. And if the “local” factor matters to you — hearings, doctors, and carriers specific to Staten Island — see our guide on
why hiring locally matters.
Frequently Asked Questions
Is it okay to consult with more than one attorney before deciding?
Yes, and it’s a good idea. Free consultations exist precisely so you can compare firms before committing. There’s no obligation created by an initial conversation.
Should I bring anything to the consultation?
Bringing what you have helps, but isn’t required to have a useful first conversation — medical records so far, your accident report if one exists, any correspondence from your employer or the insurance carrier, and a list of your own questions.
What if the attorney I’m speaking with seems rushed or distracted?
That’s worth paying attention to. How a firm treats you during a free consultation, when they’re trying to earn your business, is a reasonable preview of how responsive they’ll be once you’re an existing client.
Does a bigger firm mean better representation?
Not necessarily. Firm size says less about outcome than who specifically will be handling your case, whether it is the same person each time, and how much direct attention it will get — which is exactly why “who will actually work on my file” is one of the most important questions to ask.
These same questions work just as well if you already have a lawyer and are weighing a change — see
how switching attorneys mid-case actually works in New York, including what happens to the fee.
Schedule Your Free Consultation
Use the questions above with any firm you’re considering — including us.
Call The Law Offices of Frank J. Dito, Jr. at 718.701.2776 (toll-free: 800.310.5520) for a free consultation. You can call or leave a message any time, and in a workers’ compensation case there is nothing to pay up front — the fee is applied for and approved by the Board out of the award.
The Law Offices of Frank J. Dito, Jr. — 1610 Richmond Road, #200, Staten Island, NY 10304
