Injuries in the workplace can happen to anyone. Even the most diligent, safety-conscious employees can be involved in work accidents that leave them with costly medical bills and long-term disabilities. While most employers carry workers’ compensation insurance to cover the costs of these injuries, these payments are often insufficient to fully offset victims’ losses. A Work injury lawyer can help victims understand their legal options, file workers’ comp claims, and pursue litigation against third parties if necessary.
A lawyer can also advise clients on how to proceed if their employer tries to retaliate against them for filing a workers’ comp claim. In addition, a lawyer can provide information about the laws that protect injured workers from such retaliation and assist with filing a discrimination claim against their employer if necessary.
Experienced attorneys can also help clients build strong cases by navigating complex laws, conducting thorough investigations, and collecting key evidence. They also have extensive knowledge of the workers’ compensation process, and they can expedite the case if it goes to trial by using their experience in negotiating with insurers.
Attorneys may also have access to expert witnesses that can testify about the nature of the client’s injuries and the impact on their quality of life. These experts can be invaluable when determining the value of a claim, particularly in cases where insurance settlement offers are low.
In addition, a workers’ compensation attorney can handle all communication with insurers and leverage their negotiation skills to secure the best possible settlement on behalf of the client. In the event that a fair settlement cannot be reached, an experienced attorney can take the case to trial, presenting a compelling argument for why the client deserves full and adequate compensation.
Keeping a Journal to Document Injuries
If you are hurt at work, it is important to report the incident immediately to your employer and get a medical evaluation as soon as possible. This will put your employer and the insurance company on notice that you were injured at work and are entitled to workers’ compensation benefits. An attorney can also help you develop a detailed timeline of events.
A Work injury lawyer Can Help You if Your Employer Denies Your Claim
Workers’ compensation insurance was designed to prevent civil lawsuits against an employer for workplace injuries. However, there are certain situations in which a civil lawsuit is necessary, including when a third party’s actions or your employer’s serious misconduct conduct caused the accident (for example, if they intentionally caused your injury or neglected to maintain safe equipment). An attorney can explain these exceptions and help you decide whether a lawsuit is appropriate for your case.
A worker’s compensation lawyer can also help you navigate issues related to Medicare. For instance, if you are eligible for Medicare or will become eligible within 30 months of your settlement, you will need to enter into a Workers’ Compensation Medicare Set-Aside Arrangement to ensure that the allocated portion of the settlement covers your ongoing medical treatment and related expenses. An attorney can assist you in this process by ensuring that the necessary documentation is submitted and advising you on how to best use your allocated settlement.