Workplace injuries are more common than many people might expect. According to figures from the Bureau of Labor Statistics (BLS), private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2023. Those employees would then file a worker’s compensation claim.
Injuries at work can happen in numerous situations. Some of the most common reasons why people sustain injuries at work include overexertion, slips and falls, transportation accidents, and electrocution from faulty electrical equipment. As a result, individuals may have to take time off work to recover from their injuries or in some cases, find it difficult to return to their duties altogether. This can result in a loss of income which can compound the financial hardship they may already be facing due to mounting medical bills.
The workers’ compensation scheme can help injured workers access the financial support and medical benefits they need to navigate these challenging times. In this article, we will discuss the key benefits of pursuing a workers’ compensation claim with the help of a lawyer.
Gathering Evidence
Evidence is the cornerstone of a workers’ compensation claim, providing the foundation for an injured worker to support their entitlement to benefits. Solid evidence can strengthen a claim by proving how an accident happened, linking a claimant’s injuries to their work duties. This includes details such as witness statements from any individuals who saw the accident take place, video footage that captures the incident and medical records that confirm the claimant’s injuries.
An experienced attorney for worker’s comp cases can help an injured worker put together a strong body of evidence to support their claim. This may include consulting experts such as medical professionals, and gathering testimonies to further substantiate the nature of a claimant’s injuries in the event of a dispute.
Negotiations
Workers’ compensation claims are typically handled by an employer’s insurance company which is often reluctant to pay out. As a result, they may apply pressure on claimants to accept lower settlement offers or challenge the validity of their claim. For example, an insurer may dispute the origin of the claimant’s injuries and argue that they did not arise in the course of their employment, thereby denying liability.
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A workers’ comp lawyer will have experience in dealing with these counterparties and will be aware of the tactics they may apply to discourage a claimant from further pursuing a claim. By handling negotiations with an insurance company on their behalf, a lawyer can assist a claimant in receiving an outcome that is fair and in their best interests.
Representation
In some instances, a settlement between a worker and their employer may not be achieved. In these cases, a workers’ comp judge may need to determine the matter.
A workers’ comp lawyer can assist a claimant by representing them at these hearings and ensuring their client’s case is presented in the best possible light. In addition, they can assist with preparatory matters in advance of the hearing such as preparing legal documents and ensuring their timely submission.
With this assistance, claimants can enhance their chances of succeeding in their workers’ comp claim and in receiving the benefits they are entitled to.
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