Workers’ compensation lawyers stay in business because employers, or their insurance carriers, routinely deny legitimate claims. Workers’ compensation law is technical and highly-specialized, and an injured worker should not navigate this complex system of appeals alone.
A lawyer certified in workers’ compensation law is the best to represent your interests throughout the claim process, and the lawyer represents your best chance of being awarded the benefits you deserve.
The lawyer will communicate with the claims adjuster on your behalf, gather and evaluate the medical evidence to support your claim, negotiate the best settlement, and represent you at any hearing.
Evaluating Medical, Vocational, and Other Evidence
Insufficient evidence will certainly result in a claim being denied. Strong and sufficient evidence will get a claim approved for you to receive the benefits and the necessary medical treatments. A lawyer can develop this evidence by:
1. Gathering medical records
2. Obtaining medical opinions
3. Accompanying you at depositions
4. Obtaining testimony from a vocational expert on your job’s physical requirements
5. Obtaining statements from family and friends about your daily activities
6. Gathering evidence relative to the conditions of your workplace
Structuring Settlement Agreements
When the time comes to negotiating a settlement, your attorney has the advantage of estimating the value of your claim based on the:
1. Extent of the injuries and any resulting limitations
2. Medical expenses, past and future
3. Extent of any permanent disability
4. Status of wage loss payments and penalties for late payments
5. Previous wages
Workers’ compensation lawyers at the top of their field enter into productive negotiations with the insurers by knowing the best-case scenario for your claim.
Preparing the Settlement Agreement
Your lawyer will ensure that the settlement agreement is properly drafted to avoid any unintended consequences. The settlement agreement will also address any disability benefits and protect you from the workers’ compensation offset.
All settlements must be approved by the administrative law judge, and your representation by an attorney is essential.
If a settlement can’t be reached for your claim, then it is imperative for your lawyer to represent your interests in preparing for your trial. Trial preparation involves depositions, legal research, additional expert testimony, and the drafting of pleadings.
Top workers’ compensation lawyers certified in this field of practice will be your best advocate in presenting your claim to the adjuster and the court.
A claim that is professionally prepared and presented at the initial stages will be the most valuable in time and cost in reaching a settlement.