In general, workers’ compensation cases don’t lead to a full-blown trial. If an amicable settlement can be achieved early on, this takes away the need to go to court. But, you may not always be this lucky. If the employer and the employee can’t come to the best agreement between the both of them, the courts are their recourse. This means your workers’ compensation lawyer has a lot to prepare for.
A good workers compensation lawyer knows the ins and outs of what it takes to make a workers’ compensation claim prosper. They start their preparation in the following ways:
- Gathering The Necessary Information Needed
Information is critical in any case. This forms the bulk of the reason why the client deserves to be granted the workers’ compensation claim that they’re fighting for. This information gathered will also build the client’s testimony. When this isn’t adequately proven, it can spell the difference between a failed claim. A good lawyer, therefore, knows where and how to gather information, such as the following:
- The symptoms and limitations of the client. This is very important to point out as it proves the scope of the physical damage of the client. It determines the degree of the disability to show why the client is unable to go back to work.
- A summary of how the accident happened. This proves that the employer is liable for the injuries to the employee. This also shows that at the time of the accident, the employee concerned was inside the work compound.Â
- Medical records. This shows the treatment undergone by the client-employee for the injuries sustained. The medical records are also essential to prove the extent of the medical injuries and the expenses spent by the employee.
- Pulling Out The Necessary Witnesses
When a trial happens, witnesses are needed. These are people who can testify alongside the concerned injured employee. Generally, this refers to people in the workplace who were there at the same time that the injury occurred. They saw it happen, so they can best testify as to the sequence of the event.
Gathering the right witnesses is an essential skill to develop by any good lawyer. It doesn’t matter how many witnesses there are. What matters most is the quality and authenticity of the witnesses. Should there be any discrepancy between the testimonies, this can prove futile to your claim.
- Deal With The Insurance Company Beforehand
Before a workers’ compensation case is even brought to court, a good lawyer will have already dealt with the insurance company beforehand. This means that the lawyer has already negotiated with the insurance company on behalf of the client. Generally, clients aren’t recommended to come upfront with the insurance companies all by themselves.
In terms of insurance law, the client is always at a disadvantage, simply because insurance companies know the law more than they do. If they don’t scrutinize or negotiate well enough, these client-patients may be forced to accept a settlement that isn’t really at par with what they ought to receive.
A good workers compensation lawyer will already have this all figured out early on.
- Study And Assess The Proper Claim Due To The Client
A good workers’ compensation lawyer will immediately know how to assess the claims of their client as soon as they hear out the facts of the injury. This is very important to prepare for, so that the client is also aware of what they’re fighting for and what they ought to achieve. The benefits available to the employee concerned are usually dependent on the type and severity of the injury.
The benefits are usually classified into the following:
- Vocational rehabilitation benefits
- Permanent total disability benefits
- Permanent partial disability benefits
- Wage reimbursement benefits
- Temporary partial disability benefits
- Medical benefits
A trusted workers comp attorney will be able to explain each, and what applies to your case, as soon as you get started talking.
- Study On The Merits Of The Case, As Applied To The Law
The workers’ compensation laws may differ from one state to another. It may also differ as to its scope and application, depending on the circumstances and merits of the case. No two claims are exactly alike, and each case is highly circumstance and evidence-based.
This is precisely why a good compensation lawyer knows that proper preparation also starts with a good review and study of the law. Even if compensation laws are their bread and butter and they feel they’ve mastered it to the brim, there’s no substitute for reviewing. Else, a costly mistake done might be very hard to undo.
Conclusion
Workers’ compensation cases and claims are generally meant to be a straightforward administrative process. However, it also cannot be denied that some difficulties may arise when a settlement cannot be made. Especially so if the employer disputes the claim of the employee. No matter how difficult, however, a good workers compensation lawyer can make a claim successful. This all begins with proper preparation.
