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According to Thelawdictionary.org, only a small portion of personal injury cases in the US, 4-5%, reach the trial stage. The rest, at least 95%, of personal injury claims get settled pre-trial. Whether your case looks like it's going to trial or you're planning to settle out of court, you might find yourself wondering if you should hire a workplace injury lawyer instead of handling your case.
Generally, the answer depends on how complicated your case is and the severity of your work-related injury or illness. Let's explore the topic in more detail.
The rule of thumb is to hire a workplace injury lawyer anytime you feel the case becoming more complex. For instance, it's best to hire an attorney in the following situations:
When your employer is refusing to act in your best interests by denying your claim or taking their time to pay your benefits, then it may be time for an attorney's intervention. Most employers and workers' comp insurers get away with this behavior by counting on you not to pursue the case.
However, if your workers' comp claim is bona fide, you should feel confident about appealing because chances are you'll likely receive your benefits by getting legal representation. The good news is, you don't have to worry about the upfront costs of hiring an attorney.
A fair settlement or award for your injuries should be enough to compensate for your lost wages and medical bills. However, if your employee's settlement fails to cover all this, you don't have to accept the workers' comp judge decision.
In some instances, the judge isn't overly concerned about whether you got a fair deal as long as the discrepancy between what you should get and what you end up getting isn't too large. In that case, you can still appeal. Hiring a workplace injury lawyer gives you the best chance of getting the settlement you deserve.
If you have been injured at work and are in the process of recovering, you're probably not in the best shape to represent yourself. If the workplace incident resulted in permanent disability, this could stop you from returning to work or place restrictions on your mobility. In that case, you're eligible for payments that cover all your lost wages.
Because of the major expenses involved with cases like these, some insurance companies will try to pay you much less than you deserve. Hiring a workplace injury lawyer is necessary if you want to challenge this behavior successfully.
Some employers are never happy to give you the settlement you deserve because they are focused only on making profits. Therefore, you may receive backlash from this kind of employer when they find out you have filed a workers' comp claim.
For instance, your boss may have fired you, cut your hours or your wages immediately after finding out about the claim. If this has happened to you, it's essential to have a workplace injury lawyer on your side to ensure your legal rights are fully protected.
Workers' comp was put in place to limit the number of civil lawsuits for work-related injuries. However, you can still step outside the limits of workers' comp and file a civil lawsuit under special circumstances. For instance, it's possible to file or a civil lawsuit if your injuries were caused by a third party or the misconduct of your employer. Your workplace injury lawyer will get you up to speed with the applicable laws so you can easily navigate the situation.
An experienced workplace injury attorney will be familiar with the claim filing process, so they will give you the guidance you need. They can also help you gather the necessary evidence to strengthen your case and can negotiate a better settlement on your behalf from the insurance company.
In some instances, workers' comp does work to the advantage of the employees. But if you feel that the system is unfairly favoring your employer and insurance company, then your best bet is to get the best legal representation possible. Otherwise, some employees and insurance companies rely on your lack of confidence to win the day. Don't let that happen.
If you feel overwhelmed about handling your claim, don't hesitate to get in touch with the professionals at Petrizzo and Longo and we will help.
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