In a perfect world, filing a workers' compensation suit on your own would be a walk in the park. You would simply file a claim and get the compensation you deserve. Employees would not have to go through long, stressful processes. However, things are far from perfect, and the process of filing a worker's compensation lawsuit is long and frustrating.
Even though workplaces are much safer than they used to be, the Bureau of Labor Statistics reports that 3.4 workers compensation claims are still filed for 100 full-time employees. Here are a few reasons why working with a lawyer may be a good idea.
Negotiations and Structuring Settlement Agreements
When it comes to negotiations, you need the help of a good lawyer. They will represent your interests and help you reach a settlement that favors you. A good attorney can estimate the value of your case correctly. With their help, you will determine the number of benefits you are eligible for: The factor used to determine settlement include:
- The extent of your injuries and the limitations they present
- Your previous wages
- The cost of your medical expenses, including ongoing medical treatment
- The severity of your permanent limitations, if any
- Whether an employer owes you for previous benefits
Since lawyers are experienced, they are aware of negotiating tactics and tricks. They know what insurance providers in Augusta, GA want and can help you avoid common low-balls. A good Augusta workers' compensation lawyer is likely to engage in more meaningful negotiations than you would alone. The lawyer will also ensure that your agreement has been well-written to avoid problems along the way. When applying for, or receiving Social Security disability benefits, for example, a poorly written agreement could cause you to lose hundreds of dollars.
An attorney will also help you come up with an estimate for your future medical expenses. Even though a workers compensation judge needs to approve your settlements, it would be unwise to rely on them to protect your interests. Having a lawyer present is always a good idea.
Gathering and Developing Evidence
A good lawyer will help you gather medical and vocational evidence to support your case. They will ensure that you have enough proof to win a case. The most common reason why your claim may be denied is the lack of sufficient evidence.
Even if the claim is approved, you may not receive all the benefits you deserve. Having strong and sufficient evidence to support your case will improve your compensation. A good lawyer will help you develop evidence by:
- Gathering your relevant medical records on your behalf
- Performing depositions of experts
- Recommending treatment with reliable physicians
- Answering questions on your behalf during a deposition
The types of evidence that could boost your case include:
- Proof of your employer having insufficient training or poor workplace safety
- An account from witnesses or a vocational expert about the physical requirements of the job
- Statements from your family members, colleagues, and friends regarding your daily activities
A good lawyer will understand the strengths and weaknesses of your case depending on your evidence. They will compile more evidence to strengthen your case when necessary.
Advice On Third-Party Claims and Other Possible Benefits
Many employees have other claims in addition to their workers' compensation claims. Without a good lawyer, you may not know other benefits that you could qualify for. If you have claims against a third party, your lawyer will help pursue them. The most common third-party suits are against manufacturers and drivers. You may find that third-party claims are a lot more valuable than workers' compensation claims. You may receive compensation for lost wages, pain and suffering, and medical bills.
Representing You In Workers Compensation Trials and Hearings
If you cannot reach a settlement and your case has to proceed to an administrative hearing or trial, your lawyer should represent you. During the process, they will take your medical records, perform legal research, and take witness depositions. They will help you write your motions and responses to insurance providers. With their help, everything will be submitted on time.
During your hearing, the lawyer will help you submit a 'theory of the case.' They will make arguments, raise objections, and examine witnesses on your behalf. Your lawyer represents your best interest. They will ensure that things are done to your advantage.
Even though injured workers may not always need a lawyer, most of them do. The workers' compensation system is easy to navigate and understand. However, it may be difficult to understand the law and defend your rights if you aren't trained in the job.
Whether you have a simple and straightforward claim or something complex, it is unwise to handle a claim yourself. Things can change when you least expect, and unfortunately, legal processes are rarely as simple as they seem. Finding a good workers' compensation lawyer will be a great advantage. The right lawyer needs to be experienced, professional, and committed to your needs.
