The main reason why you need hire an experienced and capable worker’s comp attorney in Rosemead is so that they can bridge the gap between your employer obtain compensation for your injury or loss. There are different kinds of injuries and incidents that may be sustained at your workplace and the following is just an example. Disability, slips and falls, work vehicle accidents and even wrongful death. All these are issues that can find the justice they deserve.
The Best Best Workmans Comp Lawyer in California
Before you retain an experienced compensation attorney in California to help you, it is important for you to consider some factors. You need to consider the extent of your injury and ask yourself whether there is need for compensation. Severe injuries will stand a much better ground with this regard. Minor issues may not be enough cause to lay these kinds of claims.
Before you proceed with a case, it is vital that you sort out the percentage fee that your workers compensation attorney is going to get. Once you are clear, you can proceed. There are many conflicts that present themselves with lawyers. Different states will have a certain percentage that lawyers are entitled to.
The Advantages of Working With a Workers Compensation Lawyer
If you are hurt on the job, your employer's insurance company may offer you a lump sum settlement. The insurance company is not required to do so but they may and then you must ask yourself whether you should take it or fight for more at trial. There are many factors, even above and beyond the actual amount, that go into answering that question. Before you accept a settlement from an insurance company, you should talk with an experienced attorney about the facts of your case and the best course of action for you.
Settlement offer amount- The amount isn't the only factor to consider in deciding whether to accept a settlement or go to trial, but it is extremely important. An experienced attorney can tell you if the amount offered is in the ballpark of fair and reasonable. Some of the things he will consider are whether the amount compensates you for the permanent nature of your injuries, whether it covers disputed medical bills or other medical costs and whether it compensates you for future lost wages, among other things. Also, you and your attorney will devise a game plan of perhaps a first negotiation for a higher amount and, if that fails, to proceed to trial.
Timing of receipt of settlement amount as opposed to trial - Even if there is a very good chance that you could win a higher amount at trial, settling now for a lesser amount might actually be the wiser decision for you, depending on your circumstances. Do you desperately need the money and can't wait for a trial? Has the whole ordeal been hard on your health and the stress of a trial could only make it worse?
Timing with respect to your health - It is extremely important to remember that you should never settle your case until you are at the healthiest you can be and don't currently need more treatment for your injury. You do not want to be in a situation where you settle only to learn that you need more treatment. You can't then go back to the insurance company. Once you settle, it's over. Illinois work injury attorneys know this standard for waiting until your treatment is complete. If it seems your attorney is not considering this but is making a decision based on what will get him paid quicker, find a new lawyer.
Chance of success at trial -Your attorney will consider your case and whether the disputed issues are likely to be resolved in your favor. What kind of evidence do you have? If it is solid, why not show it at trial? If it's not, is a trial too risky? Settlements are a guaranteed amount and closure to your situation. You can't appeal a settlement after you accept and receive the money. On the hand, a trial is risky - you could get a much higher amount or you could not. Your attorney should clearly explain to you his assessment of your chances at trial and a risk/reward analysis.
Future medical rights - As noted above, when you settle, there is no appeal. You sign a contract that has consequences your attorney should explain to you, such as the forfeit of all future medical rights for treatment related to your injury. This means that if your injury unexpectedly gets worse next year and you need major surgery, workers' compensation will not cover it. You signed a settlement and it's over. A new, different injury or accident in the future is a new unrelated matter but, as for your original injury, you won't be compensated if you need further treatment.
If, however, you go to trial and win, your future medical rights relating to your injury never cease. This means that if your injury unexpectedly gets worse next year or ten years later and you need major surgery, the insurance company will have to pay for it. So, you may not get a lump sum settlement but rather payment over time. Only you and your attorney know what the best option is for you.
Whether to settle or go to trial is not a simple decision but one that you and your experienced attorney must carefully assess to make sure you devise a strategy that best serves you.
The Advantages of Working With a Workers Compensation Lawyer
Yesterday a patient came in to the clinic to receive treatment for such severe pain that made it difficult for him to walk, work or sleep. He had just been to see yet another worker's comp attorney, who had informed him that the likelihood of him receiving permanent disability was next to nothing to the chagrin of the patient who was a personal comp lawyer himself.
He had fallen on a patch of ice on his way to defend a client who had fallen from a pole while fixing electric wires for the DWP. He was able to crawl to a bench and call an ambulance. At the hospital the doctors iced the injury, gave him some anti-inflammatory medication and sent him home. Over the next few months his pain proceeded to get worse, running throughout his spine and down his legs. His pain medication was increased. In order for him to endure a day up and about he needed to take so much medication that he could not function. The doctors suggested that he had perhaps impacted the spine in such a way that the nerves were being compressed. However, none of this was clearly showing on the X-rays and MRI's.
It was suggested by a friend that he see a chiropractor. The chiropractor began adjusting him every week which allowed him more leg mobility and less numbness, but the pain was still excruciating and at times led to collapse. By the time he began receiving Acupuncture, his right leg had withered. He had burning pain down both sides of his spine and legs. He had not worked in over a year and was living at home with his mother. He was on every kind of pain medication and would drink a lot of alcohol in order to sleep.
The clinic was able to diminish his pain for short periods of time, and stop the spasms, but they could do nothing to alleviate his fury at a government system that would not give him the help he needed unless he was practically bedridden. If he tried to work from home the courts said that he was able to work, therefore he was ineligible for permanent disability under the personal comp system in place. If his pain receded or he began to show signs of improvement, he was frightened that it would injure his case.
He knew how it all worked. Though he had worked as an attorney in this field for years, he had not understood until now the frustration clients were experiencing. He had not understood how difficult it was to fight for what was necessary when you were in mental and physical pain. After jumping through hoop after hoop and seeing lawyer after lawyer he finally quit fighting. Two years had gone by without any substantial relief from symptoms or signs of progress in his legal battles.
Because he was a committed patient the clinic kept seeing him for free. After giving up, his symptoms improved dramatically. He had pain free weeks. The burning subsided. He was able to sleep and drink less. He eventually was able to reduce his pain medication to be able to work again. He became an expert in personal comp law, with a gift for helping those in pain to understand the blessings of fighting as well as surrender.