If an employee suffers a work-related illness or injury, he or she may be able to receive worker’s compensation payments. However, legitimate claims are often denied by employers and insurers, which leaves applicants to navigate the legal system on their own. Hiring a Workers Comp Attorney in Port St. Lucie FL can increase a worker’s chances of getting the benefits they deserve. Below is a list of some of the things an attorney can do to tip the scales in a client’s favor.
Development of Vocational, Medical, and Other Proof
Insufficient evidence is the most common reason for worker’s comp claim denial. A lawyer can help to develop medical evidence by gathering records, recommending or arranging treatment, getting doctors’ opinions and deposing medical witnesses. A lawyer can also gather vocational testimony as to a position’s physical requirements, and they can take statements from family members and coworkers about a client’s daily activities. An experienced attorney understands how to use evidence to maximize a client’s chance of recovery.
Structuring and Negotiating Settlement Agreements
Worker’s comp lawyers typically have a better idea of a claim’s value than a client may have, and they can understand how the below factors affect a case’s worth.
The extent of the injuries and the client’s functional limitations
The client’s disability rating and severity
Whether the disability is permanent or temporary
A client’s previous wages
The cost of current and future medical care
Additionally, lawyers understand the tactics used by insurers. A worker’s comp lawyer can effectively negotiate with insurers, where a client usually cannot.
Providing Representation During a Court Case
If a client cannot reach a fair settlement, the case goes to an administrative trial before a worker’s compensation judge. During the case’s discovery phase, the lawyer may depose witnesses, obtain medical records, do research and prepare motions and pleadings. If the client is dissatisfied with the case’s outcome, an attorney can help them file an appeal. To know more, click here.
Providing Advice on Third Party Claims
Along with a claim, a worker may be able to file a personal injury suit against another party whose behavior contributed to or caused the injury. Equipment manufacturers and drivers are frequently named in these suits, which can be more valuable than worker’s comp claims due to the inclusion of damages for lost earnings and pain and suffering. Visit Matheson, Horowitz & Devonmille for more details or to schedule a consultation.
