Unfortunately, accidents happen all the time and anywhere without warning, and the workplace is no exception. Every year, there are thousands of incidentals and accidents where people get hurt while working, in many cases suffering severe damage that lead to physical impairment and other long-term health consequences.
Now, those victims suffering injuries at work are entitled to receive monetary compensation for the general loss, pain and possible direct sequels of the event. This is what is called a worker´s compensation claim. The thing is, to actually get this financial return, counting on workers compensation lawyers is almost necessary, due to insurance companies´ usual malpractices.
Worker´s compensation claims as frequent personal injury cases
Worker´s comp claims are of the most usual personal injury cases that lawyers handle. In fact, there specialized worker´s compensation attorneys who address this type of cases only.
While getting hurt at work qualifies as a personal injury case, in this specific situation aspects that are required for such circumstance to qualify as a personal injury are different.
For instance, regardless of who is to blame for the incidental, the victim may be entitled to file a worker´s compensation claim if they got hurt while working or within the workplace premises.
Since the claimant´s intention is to get fair compensation through the claim, all the support that they can have is quite valuable and this is when relying on a personal injury attorney is important.
Legal representation is relevant due to the fact that in many cases, the employer´s insurance company carries bad faith practices and deny worker´s comp claims even when they are legitimate.
Insurance companies frequently due this to delay the process by making the claimant mandatorily filing appeals and other obstacles, leading to abandon or the plaintiff to leave the case and lose compensation.
Role of the personal injury lawyers for worker´s comp claims
Legal representation through a personal injury or worker´s compensation lawyer will give the victim a higher probability of winning the claim and obtain compensation.
An expert law professional of this sort will be able to apply different strategies and take advantage of resources to build a strong case against the employer´s insurance company.
To do it, the attorney will start collecting valuable evidence to back up the case: medical records and treating doctors´ examinations, interview possible witnesses, find proof of failing workplace safety or lack of security or maintenance measures.
Also, gathering specific information about the incidental and its characteristics is important, such as location and time of the accident, direct cause of it and actions carried out later by witnesses.
With such data, the attorney will be able to come up with a strong case, allowing them to:
- Represent the client in filing a lawsuit and issuing paperwork.
- Meeting with the insurer´s legal representatives.
- Ultimately negotiate a fair settlement that agrees with the reach of the suffered injuries, related wage loss and other consequences of the incidental occurred at the workplace.
With no legal representation to support the claimant, there is a great possibility the claim will be denied by the insurance, delaying the process with the purpose of avoiding liability and therefore pay victim´s compensation. With a personal injury and worker´s compensation lawyer, this will not be the case.