The Bureau of Labor Statistics reported 5,283 fatal work-related injuries during 2023. Out of these, 885 are classified as slip, trip, and fall accidents. These workplace injuries cause serious damage to an employee and they may need the help of a workers’ compensation lawyer to cope with the situation.
When reputable workers’ compensation attorneys talk about latching onto the legal system, they always steer clear of an unspoken professional code. Sometimes, attorneys you consult will never tell you just how they negotiate so carefully or reveal the legal intricacies from behind the scenes to secure the best outcome for your case.
According to Charlotte workers’ compensation lawyer Christian Ayers, experiencing an injury on the job typically leads to a lengthy process. If you want to claim compensation, it would be beneficial for you to hire the right workers’ compensation attorney.
Now, here are a few things your workers’ compensation attorney may never disclose to you, along with common pitfalls you should steer clear of:
Common Insurance Company Tactics
When working with good workers’ compensation attorneys, you might be surprised at how insurance companies deploy tactics to pay as little as possible and protect themselves.
One of the tactics insurance companies use is the delay or denial of claims. They just manufacture delays by asking for unnecessary documentation, further investigation, and the like, hoping you will get fed up and quit. In some cases, the insurance company might deny a valid claim, causing you to take it on appeal or get legal help.
Injury claims are often downplayed and insurance companies will say that the injuries suffered by the claimant are minor. Insurance adjusters attempt to downplay the severity of your injuries or disabilities so that they can justify offering a low settlement. They might try to discredit your claim by using surveillance, conducting independent medical examinations, or providing biased interpretations of your medical records.
Insurance companies, too, often urge claimants to accept quick settlements. By using pressuring tactics, they make you feel that the first offer that hits your desk is acceptable and that anything thereafter will bring delays and expenses.
A good workers’ compensation lawyer should be consulted to make sure the injured worker is not being taken advantage of and to seek advice on how to strengthen the case.
You need to know what workers’ comp lawyers won’t tell you so you can assess whether your lawyer is working to safeguard your best interests.
Potential Pitfalls in Claim Process
Some aspects of workers’ compensation claims may really be trying, with a number of common pitfalls.
One major pitfall is failing to report your injury immediately. Should you delay in letting them know, it may give rise to suspicion about your claim.
Another trick is to delay medical treatment. An insurance company might say your injury is not severe if you wait for some time before seeing a doctor.
Delays or denials of claims are a consequence of incomplete or inaccurate information on the forms. Always be complete and honest when filling out any forms.
Another pitfall would be that you don’t comply with your doctor’s instructions for treatment. Insurers might use this as evidence to question the severity of your injuries.
Strategies for Maximizing Compensation
Document your injury on the job and its impairment in your ability to perform as best as possible so you can get the maximum possible workers’ compensation. Your presentation should have medical records, doctors’ reports, imaging reports, and imperative evidence, such as photographs, to help prove the actual extent of the injury.
It is good to keep a record of whichever appointments and treatments one may have undertaken. Record any changes in your condition and health. These documents can greatly support your case.
Tell your employer about your injury at once, and follow their directions for filing the claim. Record all your communications with your employer regarding the incident and injury.
Having a competent workers’ compensation personal injury attorney on your side during the negotiations can really prove helpful while you are working through your claim. The personal injury attorney will also assist you in accomplishing all deadlines.
Realities of Settlement Negotiations
During settlement negotiations, you must understand that the insurance company’s primary goal is to settle for as little as possible. They make use of various tactics to devalue your claim.
Negotiations might be full of jargon and complexities that could confuse and overwhelm you. While in doubt, clarify the things you are not sure of and ask your lawyer to explain them further. Do try to be patient. Rushing a settlement may lead to receiving inadequate compensation.
Expect to engage in several late-night calls, moments of uncertainty, counteroffers, and delays. Be prepared, stay informed, and keep improving your patience. Eventually, you will become well prepared to negotiate a fair and just settlement under your workers’ compensation claim.
Importance of Legal Representation
When it comes to settlement negotiations for your workers’ comp claim, having an experienced lawyer means having someone to protect you from unfair settlement offers or pressure tactics by insurance companies. With a lawyer, chances are that you’d get some form of fair settlement that does cover your losses and future expenses.
In the event of a trial, an experienced attorney would represent you and try to get you the compensation you deserve.
You need to know how things might really go down with settlement negotiations and why you might need legal representation in a workers’ comp case.
Being aware of the ins and outs of workers’ compensation and with the right worker comp lawyer at your side, you truly can protect your rights and get the compensation you deserve.