Workers’ compensation is a system of state-administered or self-administered insurance that provides income replacement and medical benefits to employees injured at work. This system aims to prevent disputes between employees and employers by making sure that parties are adequately compensated for any injuries received while working.
Here are 7 tips to help you win your workers’ compensation lawsuit.
In a workers’ compensation lawsuit, the biggest challenge is gathering evidence. Any good lawyer, whether their a worker’s comp lawyer in Summerville or in Seattle, will tell you that without any proof, it will be difficult to argue your case and win the suit.
The best way to gather this evidence is through expert witness testimony from doctors and analysts in relevant fields. For example, if you were involved in an accident while operating machinery, an expert on defective machinery should testify at trial.
In addition to this type of testimony, there are also other forms of compelling physical evidence that should be presented including police reports and photographs of the scene at which you were injured. Pertinent company safety manuals can also help support your case since they typically outline the safety precautions that should be taken in the workplace.
Finding The Right Lawyer
Finding a good attorney with an established track record for winning workers’ compensation lawsuits is half the battle when it comes to winning your case. A good lawyer will know the laws like the back of his or her hand and can easily navigate through state procedures. You should look for an attorney that is passionate, honest, personable, experienced in workers’ compensation law (and any other relevant areas if needed), and willing to communicate with you on a daily basis throughout the entirety of your case.
Filing on Time
Where you live determines the time limit for filing your workers’ compensation lawsuit. Filling out paperwork on time is another crucial element of winning a case and can even prevent some cases from being considered. Find out from your lawyer when everything should be filed.
Don’t Talk to Insurance
One mistake employees often make is speaking with their employer’s insurance company, or their employer itself, before they hire a lawyer.
If you speak with your employer’s insurer about the accident and potential workers’ compensation claim prior to hiring an attorney, you could end up waiving important rights that could be used in your case.
Be Honest with Yourself
One of the most effective ways to improve your chances of winning is making sure that you are thoroughly honest with yourself about what truly occurred at work that caused you to be injured. It’s all too easy to misplace blame on innocent people who had no part in what happened.
However, doing so can put your case at risk if anyone decides to file a counter-suit against you for defamation or slander. Your best bet is always telling the truth since it will set you apart from the other party in court, regardless of whether they are telling the truth.
Consider A Settlement
At times, it can be advantageous to take a settlement in your workers’ comp case instead of taking the risk of losing at trial.
If you are uncertain about whether or not to accept an offer, speak with your attorney about what would be best for your situation. Having a good lawyer will greatly increase your chance of getting the highest settlement possible because lawyers are the best negotiators.
However, accepting this settlement should not be viewed as a failure or weakness on your part since it could be a number of things including an honest assessment by your attorney that you have a strong case but may lose at trial.
Don’t Give Up
Finally, the most important thing you can do is to never give up on your case.
Attorneys can be expensive and even if it takes more than a few years for your case to go through the system and reach a settlement, your persistence and commitment will pay off in the end. You cannot let setbacks or frustrating delays discourage you from continuing with your workers’ compensation lawsuit.
Motivate yourself every day by thinking of all those who couldn’t fight as long as you have and remind yourself that as long as you remain resolute, your victory will be that much sweeter when the time comes.
In conclusion, workers’ compensation is a valuable right that can save you and your family from financial hardship during the long recovery period following an accident.