The National Safety Council reports that across the United States an injury on the job takes place approximately every seven seconds. Following this statistic, that means there are an estimated 540 work injuries per hour and at least 12,900 injuries occurring on the job each day.
Employers have different procedures in place for handling injuries in the workplace, as well as how they compensate workers for these injuries. However, many workplace injuries will be handled with a workman’s compensation claim.
Not all workplace injuries will qualify for a workman’s compensation claim. However, employees often aren’t skilled in negotiating the process without the assistance of an attorney. In this case, hiring an experienced workman’s compensation attorney can make the difference in the success of your workman’s compensation claim.
It is not uncommon for either an employer or the employer’s insurance company to deny a workman’s compensation claim. This happens in some cases even when the employee has a legitimate injury claim. When the initial claim is denied, employees then face a puzzling maze of appeals. However, injured employees don’t have to navigate this complex system on their own. A dedicated worker’s compensation attorney has the experience and skills to assist employees in traversing the complexities of the workman’s compensation network.
How a Worker’s Compensation Attorney can Help your Case
Simply hiring an experienced workman’s compensation attorney provides a much higher chance of getting your claim through the process successfully. Your attorney knows how to intricately and successfully negotiate with both your employer and the company’s insurer. An attorney will work with these individuals to ensure that your claim is not rejected or seen as a dubious claim. Furthermore, your attorney will work diligently to collect pertinent evidence and serve as your representative in the event of a hearing.
A Worker’s Compensation Attorney Gathers Evidence on your Behalf
One of the most common reasons that worker’s compensation claims are denied has to do with a lack of medical evidence. So, your attorney will set about to gather all pertinent medical evidence regarding your injury claim. This can include medical records as well as affidavits from your medical providers regarding the nature of the injury and treatment.
However, this is only a portion of what a skilled workman’s compensation attorney will do regarding the gathering of medical evidence. Your attorney may need to schedule further appointments for medical consultations, or your attorney may arrange for other treatment, such as physical therapy.
Your attorney will also handle the depositions of medical professionals as they relate to your case. In addition, your workman’s compensation attorney will also carry out your personal deposition.
Depositions in a worker’s compensation case don’t always come from medical professionals. Your attorney may also gather testimony from your family or associates about daily activities prior to and after the workplace injury; a vocational expert may be brought in as well and asked to provide evidence about what your position requires.
Should there be a history of injuries at your workplace, the experienced worker’s compensation attorney will bring those statistics to light as well.
An Experienced Workman’s Compensation Employee will Negotiate on your Behalf
One of the most valuable skills of your worker’s compensation attorney is their ability to value the worth of your claim and get you the compensation to which you’re entitled. In fact, making these estimates is one of the chief benefits of hiring an experienced worker’s compensation attorney.
The amount an injured employee is owed is based on many factors. First, your attorney will evaluate the extent of your injuries and any physical limitations you may have incurred due to the injury. An employee’s medical expenses is also a part of this formula, especially those that are out-of-pocket expenses.
Employees who have become permanently disabled as a result of a workplace injury often see the greatest benefit of hiring a worker’s compensation attorney. Not only will the attorney assist in navigating through the workman’s compensation system, but the attorney will negotiate in areas of great concern – loss of wages, a possible settlement amount, and more. Your employer may owe you for both wage loss and future wage potential, and your attorney will investigate this option.
An experienced workman’s compensation attorney has negotiated with insurance company attorneys, and, frankly, they are aware of all the tricks these individuals will use in order to keep a company from paying what they should. Your workman’s compensation attorney knows what offers are reasonable, and they often have more success in garnering a fair settlement than employees navigating the system alone.
The Worker’s Compensation Attorney Pays Attention to Detail
Your attorney is well-versed in the legal verbiage that goes into a successful settlement negotiation. They will look at any paperwork and any written offers to assure that there is no negative consequence for the employee at a future date.
For example, a client who has already been awarded a disability claim might see their benefits reduced by the payment of a workman’s compensation claim. Your attorney will thoroughly review the paperwork to ensure that this does not happen.
Your Attorney is your De Facto Representative
Your attorney will attend each meeting, each hearing, and each trial (if necessary) regarding your workman’s compensation claim. Your attorney isn’t simply someone who sits with you at trial. Over the course of the case, your attorney has gathered evidence and conducted research on cases that might be related to yours. Plus, they expertly write any legal briefs or pleadings on your behalf. Your attorney will also present objections should they perceive the insurance company is behaving improperly at trial.
If your claim is somehow denied, your attorney will also assist in filing any appeals.
Attorney Fees
Workman’s compensation attorneys typically work on contingency fees. This means you pay nothing up front, and your attorney will collect fees upon winning the case.
In some states, there is a cap on how much your attorney can charge for their services (usually between 20 and 30 percent). These states may also require that the judge approve of the fees before the case goes forward.
If you have been injured on the job, have a sizable claim, or have been denied workman’s compensation benefits, contact an experienced worker’s compensation attorney before going any further.