Assuming you have been hurt or suffering from an illness caused by working conditions, you are entitled to receive compensation. However, employers and insurance adjusters will do anything in their power to minimize or reject your claim entirely. This happens more than you think. Most times, the claims are rejected even when they are valid.
The sequence of events leaves employees no choice but to take matters into their own hands and search for legal assistance. They are willing and ready to face complex legal proceedings and depositions, so they are paid what they deserve. If the matter is prolonged, some employees have known to give up. So you must hire an experienced and professional work injury attorney who will make the entire ordeal less complicated for you.
Discovery
The bitter reality is the employer, and insurance adjuster are not your friends. But a lawyer will fight for you for the compensation you serve. He will use logic and law on his side to uproot the answers presented by the parties. He will present exhibits and evidence in favor of his arguments either via investigation or cross-questioning. Since the lawyer is your agent, he will present your version of events in the best way possible.
A dedicated and professional lawyer increases your chance of receiving the rightful compensation. He will dedicate his resources to discovering hidden truths and witnesses to support your claim. He will collect medical evidence and use factual information to negotiate a better claim than initially offered. The attorney will also communicate with the insurance company and employer on your half.
The attorneys realize insurance companies are not looking out for you. Therefore, they will work extra hard to ensure you are not sent home or terminated wrongfully based on fabricated claims. Sometimes employers do that to remove responsibility for their shoulders.
Workplace injury lawyers are also aware that the absence of medical information is the most obvious reason for rejecting claims. The accepted claims are based on extensive medical history, reports, and prescriptions to be considered valid. Here is how the lawyer can assist:
- Suggest and schedule doctor appointments for future treatments.
- Gather unbiased medical reports through a third-party medical examiner.
- Cross-questioning, inquiring and conducting extensive research regarding depositions of medical professionals involved in the case.
The majority of the lawyers uses the following tactics to strengthen your case:
- Collecting testimonies from experts that have worked previously in employment.
- Collecting statements from everyone involved in your life, such as work routine, exercise habits.
- Searching for evidence regarding similar events that may have happened previously in the workplace.
Negotiations
Assuming your claims are accepted, it is time to sign the compensation agreement. However, it is going to be challenging to sign something that does not represent your value. The workplace injury lawyer steps in to negotiate better terms. His negotiation and compensation figure is based on the following factors:
- The severity of the injuries.
- The events leading up to the injuries and negligence, if any.
- Whether the negligence resulted in impairment or permanent disability.
- Assessment of employerβs payments to the injured employee, including penalties and benefits.
- Account of unpaid wages.
These lawyers have been in the fighting game far longer than you think. They know the tactics to use and procedures to follow. The lawyers can expertly differentiate false and low claims from legitimate compensations being offered to the aggrieved party.
Though they wonβt dispute every claim, the lawyers will engage in professional negotiations that are advantageous for the aggrieved and injured employee. Furthermore, the lawyers will also study the compensation agreement to ensure they do not carry misrepresented clauses or negative connotations in the future.
Sometimes an ill-prepared constructed document can lose hundreds of dollars simply because the employee was foreign to legal language and contract structure. The compensation contract is sent to the lawyerβs office, studied, and interpreted each clause and word. Even though the case will not move forward unless the judge allows it, it would be unwise to depend on the judge solely. Therefore, hire a competent workplace injury lawyer to move things along.
Frequently Asked Questions
How long does a workplace injury case last?
Most injury claims take nine months to two years to settle. However, complications and external factors can prolong the duration.
What is considered a good compensation offer?
A sufficient compensation offer removes liability from the defendant, the party offering to settle the case. It mentions the plaintiff is responsible for the events that took place.
What if I reject the settlement being offered to me?
As per contract laws, as soon as the offer is rejected, it is off the table. You may propose a counter offer which will be considered as the new offer. However, you cannot return to the previous or the original offer as that has become invalid.
Should the aggrieved accept the first offer?
You should never accept the first offer offered by the insurance company. The settlement figure must genuinely reflect the ordeal suffered and the means to cover your medical bills and future absence of income until you fully recover.
How does a settlement go through?
The compensation is paid to the affecteeβs bank account either in a lump sum or a series or payments scheduled every month. Itβs up to the parties involved to schedule payments as necessary against their requirements and needs.
How long does the amount come through after the compensation agreement?
The amount takes one week to six weeks to verify and reach the destination. The lump sum will take more time compared to structural payments.
Consult with a qualified workplace injury lawyer today
It is time to take charge and fight for injustices that resulted in wrongful termination. A work injury lawyer in Houston, TX, has numerous years of experience in the broad professional network that will help achieve the compensation you deserve. Furthermore, they are also quite versed in case laws and legal representation techniques, so you are in safe hands.
