If you are an employee who has suffered a work related injury or illness, than you may be entitled to workers compensation. It usually puts the employee in a tough spot, asking the employer for compensation for your injury, but it is your right to receive that payment because you were simply doing your job for them. These are sometimes tough battles to win, the workers’ comp claims are denied by the employer, which will leave those searching for workers comp a complex series of appeals to jump through. By hiring a workers compensation attorney, your chances to navigate those appeals and collect the workers compensation, are much higher.
A lawyer has been through this process before, and will have a much better idea of the settlement agreement than the worker. The factors for the settlement agreement are the following: your disability rating, the extent of your injury or illness, your previous wages, the cost of the medical treatment, and the extent of the disability, whether it is partial, temporary, or permanent. The insurance companies for these employers usually have a bunch of loopholes to get out of paying this type of compensation, and the lawyer will be able to spot these loopholes more often than not. Not only is the insurance company complicated, but the final settlements can be complex as well. Your attorney should be able to make sure all of your past medical bills are paid for, and can help estimate the cost of your future medical expenses as well.
What happens when you are unable to reach a settlement? Your case goes to an administrative hearing or trial. As we have discussed in past blogs, it is essential to collect evidence and witness depositions to show why you deserve workers compensation. Your attorney will make the case, presenting all of your medical records, bills, witness testimonies, and apply the proper pleadings and motions. If you do not win this hearing, than their will be a chance to appeal the decision as well.
Personal injury claims can come of these workers comp cases as well, where the injured defendant can claim compensation for their injuries as well as pain and suffering as we discussed in our blog earlier this month.
Do you believe you have a claim for workers compensation? Contact us today!