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Workers' Compensation

How a Lawyer Can Help with Your Workplace Accident Claim

— July 30, 2021

Workplace injuries may result in debilitating consequences that impact you for the rest of your life.

Organizations are obligated to protect workers from harm and injuries at the workplace. Whether employees work full-time, part-time, or on a temporary basis, they have to be provided with enough pay and a secure working environment.

Unfortunately, not may companies practice due diligence, exposing their workers to occupational hazards. Lack of safety measures, disorganized pieces of equipment, and improper management can all lead to workplace accidents. 

If you’ve been hurt from a workplace accident, it can be difficult to move forward. Make sure you know how to deal with this unfortunate incident by hiring a legal counsel. 

Why Do You Need a Lawyer?

An employee who gets injured at work has the right to claim compensation for damage and losses. The accident may have left the worker with a sizable amount of medical bills. Unable to return from work, the injured employee may have suffered from lost wages, further placing them on a financial strain. 

Statutes within the Workers’ Compensation Law can be too complicated for a non-lawyer, especially as some states have their unique set of rules in dealing with these issues. 

A lawyer will make everything simple for you. By listening to your story to find out what happened, a legal counsel can do the following:

  1. Identify Legal Claims and Liability

Before giving out any form of legal advice, a lawyer will have to talk to you during a legal consultation. This is essential to determine if a case needs to be filed. If your legal counsel advised you to take this route, the next step is to determine the legal claims applicable to your situation and who’s liable for the accident. 

Again, not all workplace injuries lead to legal action. In some construction site accidents, for instance, the employer and insurance companies may be proactive and highly responsive to all of the injured worker’s needs, as provided for by law. 

If, however, there’s some form of negligence, hesitation, or refusal to take on their legal obligations, a case may need to be filed against your employer, or any third party being accused of reneging on their legal duties. 

  1. Help Launch Settlement Claims 

Your attorney will be able to guide you through the entire process of filing workers’ compensation claims. For instance, before proceeding to the courts, your lawyer will write a demand letter to start the discussion and negotiations between you and any third party. Third party are usually insurance companies that refuse to provide you with a fair amount of compensation for your economic and non-economic losses. 

What happens next will depend on how the company responds to your demand letter. In some cases, you may not need to file a case at all. A few cases of damage claims are settled out of court as companies often prefer not to have problems with negative publicity. 

  1. Represent You in Court

    Image by Wannapik Studios.
    Image by Wannapik Studios.

Once a lawyer accepts your case, they’re ethically, morally, and legally obliged to defend your rights and interests in court, no matter what. 

If the third party liable for your workers’ injury claims refuses to budge, or if negotiations for a fair settlement break down, it’s time to forward your claims to the court. 

Your legal counsel will take charge of the entire process, from drafting legal documents to filing motions, and in dealing with either your employers or the insurance company. 

  1. Help You Get a Fair Settlement 

Similar to any other lawsuits, particularly for claims and damages, you should be able to build a strong case to sway the judge and jury to your side. It’s your legal counsel’s responsibility to build a strong case against third parties, allowing you to get the compensation you deserve. 

The determination of damages is done early on, and most workplace injury claims are compensatory. They can also be both economic and non-economic, and may include medical costs, physical and psychological suffering, and lost wages. 

To do this, your attorney would need to gather specific evidence crucial to the case. Medical records and bills, as well as witness accounts further strengthen the claims. 

  1. Ensure You Get What You Deserve

A lawyer ensures that you receive the full benefits you’re entitled to. Injured workers who choose to hire a workers’ compensation lawyer are likely to be awarded with higher compensation, as compared with those who choose to defend themselves. 

That’s because attorneys are legal experts who’ll always negotiate for a better offer, being familiar with legal maneuvers and other tactics to compel the other party to pay up. 

A lawyer will not be so quick to jump at the first offer, especially if the client has incurred substantial losses. For instance, if the employee suffered from serious injuries resulting to physical limitations and loss of potential income, the attorney will see it fit to seek higher damages. Put simply, your attorney lawyer will do everything they can to get the best compensation for your workplace injuries.

Final Thoughts 

Workplace injuries may result in debilitating consequences that impact you for the rest of your life. Being a serious issue, a workers’ compensation claim should be filed with the help of a legal expert. Hiring a lawyer will help you reach a fair settlement, enabling you to move on with less problems. 

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