14 Nov 3 Tips For Winning Your Workers’ Comp Claim In Court!
The ultimate goal of filing a workers’ comp or personal injury claim is a smooth, successful process with a result you won’t have to dispute in court. Unfortunately, filing a workers’ comp claim is often full of bumps and hurdles, which many injured workers aren’t suited to face. They’re often in pain, have numerous medical appointments to keep, and the stress of a lawsuit or workers’ compensation claim doesn’t help the situation.
The good news? There are three pillars for winning your case in court. This saves you time and stress, but you need a solid workers’ compensation attorney in your corner to put the odds in your favor. Otherwise, you’ll waste precious time that should be spent recovering.
Here are the three steps to a winning workers’ comp court case:
1. Start right away. No legal case should be put on the backburner, but this is especially true of workers’ compensation claims. If your case goes to court, you won’t be getting workers’ compensation during that time. Although it will be awarded retroactively should you win, that doesn’t help pay medical bills, housing costs, utilities, and basic living needs in the interim.
Connect with a workers’ compensation attorney before you file a claim—and file a claim immediately. This process should start when you receive initial medical attention because your doctor needs to be aware that it’s a workers’ compensation claim so they can appropriately report it.
2. Don’t give up when you hit a bump. This is part of why having reputable legal representation is so important—they’ll doggedly stay on top of your case for you. Never make assumptions that “everything’s taken care of” just because you’ve followed protocol. Having information “in the system” isn’t enough, particularly if you don’t have legal representation. Claims adjusters are juggling a lot of paperwork, and it’s easy to have a file or two bypassed.
Keep a paper trail of all communication, never provide copies of any related paperwork without keeping a copy for yourself, and make sure you secure an attorney with a proven track record in workers’ compensation claims.
3. Do your research. For most people, filing a workers’ compensation claim is a first. It’s an entirely new world, and one in which your employer might appear—for the first time in some cases—to not have your best interests at heart. Also, dig into the safety conditions at your job and how it may have impacted your injury. Did your employer not follow certain guidelines, and can you get proof of unsafe conditions or practices? These can strengthen your case immensely.