Employees who have suffered from work-related injuries or illnesses may be entitled to workers’ compensation benefits. It is unfortunate that employers or their insurance companies routinely deny legitimate workers’ compensation claims. This leaves applicants to face a complicated appeals system. While some injured workers just give up, others try to navigate the system all by themselves. Hiring a dedicated accident compensation lawyer will give an injured employee a much better chance of obtaining the benefits he or she deserves.
Accident compensation lawyers communicate with the workers’ compensation insurer on behalf of their clients. They will also collect and develop medical evidence, negotiate acceptable settlements, and represent their clients at the workers’ compensation hearing. Claims adjusters and lawyers working for the insurance firm do not have the injured employee’s interests at heart. They will not hesitate to reject the employee’s genuine claim for dubious reasons. The good news is that there are a number of things that a qualified and experienced accident compensation lawyers can do to tilt the scales in the injured employee’s favor.
Perhaps the most common reason as to why workers’ compensation claims are denied is due to insufficient medical evidence. A lawyer can develop medical proof by arranging or recommending treatment by certain doctors, conducting depositions of medical experts, gathering medical records, and getting medical opinions. A medical record that has been properly developed has a better chance of leading to a permanent disability rating that mirrors the true extent of any lasting impairments the employee has.
There are a number of other kinds of evidence that can bolster an injured employee’s case. They include vocational expert testimony concerning the physical requirements of his or her job, proof of lack of training or a history of poor workplace safety, or statements from family members or friends about his or her daily activities. An experienced accident compensation lawyer what evidence is required to maximize the client’s chances of recovery on a basis of the case’s strengths and weaknesses.
Accident compensation lawyers tend to have a much better idea of a claim’s value than the employees they represent. In addition, they are familiar with the negotiating tactics and tricks applied by insurance firms. With a few exceptions, these lawyers are more likely to take part in productive negotiations with insurance companies that the injured employees acting alone. A lawyer can also ensure that the client’s settlement agreement is structured properly. Such a settlement should put into consideration the medical bills already incurred as well as those expected to be incurred in the future. The lawyer can help the client come up with a reasonable estimate of any future medical bills. It may be true that any settlement has to be approved by a workers’ compensation judge. However, it would be unwise for an unrepresented claimant to rely on a judge to sufficiently safeguard his or her interests. An attorney is essential during settlement negotiations.
If no settlement is reached, the case proceeds to a trial before a workers’ compensation judge or an administrative hearing. In the recovery process, a lawyer may take witnesses’ depositions, perform legal research, request the client’s medical records, and prepare motions and pleadings.