The main reason why you need hire an experienced and capable worker’s comp attorney in South Pasadena 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 Lawyer Injury Work 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.
Work Injury Claim - What Every Employee Should Know
In the unfortunate event you should suffer an injury on the job, you may find comfort from co-workers who send their sympathies. You would hope, too, that your employers would understand your need to recover and the time involved. Sometimes, though, some workers have found that their bosses are more concerned about time and money lost to the company because of your injury. You may have done everything right with regards to filing for Workers Compensation, but depending on the nature of your injury you may discover your relationship with superiors is altered.
It's important to recognize that your company can dispute your claim if your bosses feel there is no cause to cover your injury. You work for a business, and as such you are responsible for helping your business remain solvent and profitable. When you become hurt on the job and are removed from the workplace, the company risks losing money and productivity, and should it be determined that your compensation claim is legitimate more money is spent to cover your bills. As more claims are paid out, your company may end up paying higher insurance premiums. Therefore, there is the chance that your workplace may challenge your claim if:
- They feel your injury is not as serious as you claim it to be.
- They feel your injury occurred as a result of a pre-existing illness or injury that happened outside of work.
- They feel you do not require too much time to recover in hospital or at home, and can return to work.
What do you do? You may feel hurt or discouraged, and equate a challenge to Worker's Comp claim as an inference that you have not been truthful about your injury. One thing you do not want to do is arouse your employers' suspicion or ire, especially if you plan to continue working for the company. You will want to remain calm and consult with a personal injury lawyer with regards to your next steps:
- Verify your injury through physician reports and X-rays where applicable.
- Your lawyer may wish to meet with co-workers who were witness to your injury in order to support your claim.
It is important, while your claim is still under consideration, to remain professional in the workplace and around supervisors and co-workers. If you are able to return to work before the claim is accepted or denied, perform your tasks to the best of your ability and try not to discuss your situation. Listen to your attorney, too, for he/she is there to help you get the compensation you need.