The Tool Desk
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What can AI help you prepare?
A general-purpose AI tool may be useful for bounded tasks based on information you provide and are authorized to share. Treat what it produces as a starting point that you check against the original records.
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- Turn your notes into a dated timeline of the injury, treatment, missed work, and claim communications.
- Sort your questions into topics such as medical care, wage benefits, claim status, or next steps.
- Summarize documents you are permitted to share, while checking every summary against the source document.
- Draft a neutral list of questions for a lawyer or state agency, or prepare a first-draft letter for a lawyer to review.
These are possible preparation uses, not guarantees of accuracy. Do not rely on AI to decide whether an injury is legally compensable, calculate what benefits you are entitled to, assess a witness’s credibility, choose a legal strategy, negotiate a settlement, or meet a filing deadline without competent human review.
What does a workers’ compensation attorney handle?
An attorney licensed in the relevant state can apply that jurisdiction’s law and procedure to your circumstances, advise you about choices, and take responsibility for legal work within the representation you agree on. In a disputed claim, that work may involve gathering and assessing evidence, organizing medical and wage records, preparing you and witnesses, analyzing the other side’s evidence, presenting testimony and arguments, examining witnesses, negotiating toward your objectives, and handling review or appeal.
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The work can become especially consequential when a formal proceeding requires evidence and testimony. For example, the Virginia Workers’ Compensation Commission describes hearings in which parties may present sworn testimony and evidence and cross-examine witnesses. Its guidance also explains that the Commission does not provide an injured worker with legal representation or legal guidance (Virginia Workers’ Compensation Commission: Hearings; Before the Hearing). These are Virginia-specific details, not a nationwide procedure.
State agencies’ descriptions also illustrate how representation can vary by jurisdiction. California’s injured-worker guide describes an applicant attorney’s role as gathering information to support a claim (California Workers’ Compensation in California: A Guidebook for Injured Workers). Arizona’s Industrial Commission says a workers’ compensation lawyer can advise on applicable law and procedure, evidence and witnesses, and whether settlement is in the worker’s interest (Industrial Commission of Arizona: ALJ Frequently Asked Questions). These examples do not define every lawyer’s engagement or every state’s rules.
AI and an attorney: which tasks belong to whom?
| Task | AI may assist with | Attorney’s role |
|---|---|---|
| Organizing information | Formatting your notes as a timeline or grouping questions by topic. | Identifying which facts and records matter under the applicable law. |
| Working with documents | Creating a draft summary of material you are authorized to share, for you to verify. | Assessing evidence, spotting gaps, and deciding how records support or affect the claim. |
| Communications and choices | Preparing a draft letter or questions for review. | Advising you about options and handling legal communications within the agreed representation. |
| Disputes and proceedings | Helping you organize background information; it is not your representative. | Preparing evidence and witnesses, presenting arguments, examining witnesses, and handling eligible review or appeal work. |
| Responsibility for legal advice | None: an output is not professional advice or advocacy. | A lawyer is accountable for the legal work undertaken and must review AI-assisted work appropriately. |
The American Bar Association’s Formal Opinion 512, issued July 29, 2024, says that existing professional obligations apply when lawyers use generative AI. It addresses competence, protecting client information, client communications, supervision, candor and meritorious claims, and reasonable fees. The ABA’s summary states: “To ensure clients are protected, lawyers using generative artificial intelligence tools must fully consider their applicable ethical obligations.” (ABA: First ethics guidance on a lawyer’s use of AI tools.) AI use does not transfer responsibility for a lawyer’s work to the tool; generated material needs scrutiny against authoritative sources and the case record.
When is AI preparation not enough?
Contact a qualified workers’ compensation attorney or the appropriate state agency promptly if you receive a denial, dispute about medical or wage benefits, hearing notice, proposed settlement, or notice of an appeal deadline. The rules and available assistance depend on the state and the stage of the claim. Do not assume that a deadline or process described for another state applies to you.
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For instance, Texas describes a sequence that may include a benefit review conference, a contested case hearing if the dispute is unresolved, and then an appeal. It also identifies ombudsman help for some unrepresented injured employees (Texas Department of Insurance, Division of Workers’ Compensation: Dispute resolution for injured employees; About the appeal process). That sequence and Texas appeal rules should not be treated as general guidance for other states.
An attorney is not mandatory in every claim. Virginia’s Commission says an injured worker may choose an attorney but is not required to have one; its guidance also says an employer or carrier must be represented at a claim hearing (Virginia Workers’ Compensation Commission: Injured Workers; Before the Hearing). Requirements elsewhere may differ. Check the notice you received and the official workers’ compensation agency in your state.
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How should you protect claim and medical information?
Claim forms, medical records, employer details, and settlement communications can contain sensitive information. Before entering them into an AI tool, check how it handles submitted data and consider whether sharing those details could expose private information. A tool’s usefulness does not establish that it is appropriate for confidential material.
Lawyers also have professional duties concerning client information. The ABA’s discussion of confidentiality in generative AI explains why a lawyer must consider the tool and circumstances before using client information (ABA Litigation Section: Maintaining Confidentiality). Whether a particular tool or use is appropriate depends on its terms and configuration, the jurisdiction, the client’s circumstances, and applicable rules.
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How to choose the right kind of help
- For organization: AI may help format your own notes and prepare questions, provided you verify the output and protect sensitive details.
- For legal decisions: Ask a locally licensed workers’ compensation attorney to assess your facts, explain state-specific options, and advise on evidence or procedure.
- For an active dispute: Review the notice and contact the state agency or a qualified attorney promptly, especially if a hearing or appeal date is involved.
- When evaluating an attorney: Ask about state licensing, relevant workers’ compensation experience, the scope of representation, fee arrangements and any required approval, and upcoming deadlines.
If you use AI to prepare for a legal consultation, bring the underlying records and label AI-generated timelines or summaries as drafts. The lawyer should be able to verify them from the original material before relying on them.
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