Exploring the Likelihood of Winning a Workers’ Comp Case
Dealing with a work-related injury can be a frustrating experience that can have significant financial implications for you and your family. However, if you find yourself in this situation, it’s important to know that you have the right to file a workers’ compensation claim.
A successful workers’ comp claim can provide you with the necessary compensation to cover your medical expenses and the wages lost during your recovery period. Understandably, many injured workers worry about the possibility of not winning their case. Luckily, statistics show that the majority of workers’ comp cases yield positive outcomes, with 93% of claimants receiving the compensation they deserve.
What It Truly Means to “Win”
When discussing workers’ compensation claims, the term “winning” sometimes leads to misunderstanding. Winning a case goes beyond simply receiving monetary compensation; it means obtaining fair restitution that covers all medical expenses, both past and future, as well as reimbursement for lost income.
The aforementioned statistic indicating a 93% success rate in workers’ compensation cases can be slightly misleading. It fails to address whether the amount awarded truly covers all expenses and lost wages. To illustrate this, let’s consider the case of Frank, a 35-year-old construction worker who fractures his wrist. After undergoing surgery and physical therapy, his total medical bills amount to $13,500. However, his compensation award only reaches $20,000, leaving him in a financial deficit of $33,300.
How Long Does the Appeals Process Take?
If a workers’ comp claim is initially denied, all hope is not lost. Appeals can be made, but it’s important to note that the process can be time-consuming. To increase your chances of success, seeking the assistance of a skilled workers’ comp lawyer is crucial.
The Frequency of Workers’ Compensation Cases Going to Trial
Thankfully, only a small portion of workers’ comp cases, amounting to a mere 5%, end up going to trial. The majority of cases are usually resolved outside of court through settlements. This is favorable, as legal proceedings can be exhausting and draw out for several months.
Debunking the Myth of All Cases Ending in Settlement
Contrary to common belief, not all workers’ compensation cases end in a settlement, although the majority do. Insurance companies often aim to minimize their payout, deploying tactics such as sending adjusters to investigate accidents and gathering evidence to reduce compensation amounts. Consequently, many accident victims find themselves settling for an unjust amount, ultimately losing money in the process. That’s why securing expert legal representation is crucial. An experienced compensation attorney knows how to navigate insurance companies’ strategies and fight for your rightful compensation.
Factors That Influence the Chances of Winning
Following a workplace injury, there are essential steps that can greatly enhance your odds of succeeding in your workers’ comp claim:
Report the Injury
It’s crucial to promptly report the incident to your supervisor in writing, ensuring that the details are properly documented. Although you generally have 30 days to report the accident, the sooner you do so, the better.
Seek Medical Treatment
Regardless of the severity of your injury, always seek medical attention. Some injuries may not be readily apparent, but a thorough examination can uncover hidden issues. Furthermore, every medical report serves as evidence in support of your claim.
Gather Evidence and Document the Incident
Maintain a detailed chronicle of events surrounding the incident. Record dates, times, and relevant actions, such as when you reported the accident and sought medical attention. Additionally, take photographs if possible and gather statements from coworkers to bolster your case.
Obtain Legal Representation
Enlisting the help of a personal injury compensation attorney is vital. They possess the expertise necessary to maximize your compensation. Throughout the process, they will guide you and negotiate with the insurance company on your behalf.
The Impact of Hiring a Lawyer on Settlements and Awards
The decision to hire legal representation can significantly affect the outcome of your case. Statistics show that workers who engage the services of a lawyer for their workers’ compensation claims receive payouts that are 2.7 times higher than those who choose to go without legal assistance. With an attorney by your side, you can build a robust case and accurately calculate the amount needed to cover medical expenses and lost wages.
Steps to Take After a Workplace Injury
In the event of a work-related injury, there are several crucial steps to follow:
- Seek immediate medical attention to ensure your well-being.
- Report the accident in writing to your supervisor as soon as possible.
- Collect evidence, such as photos and witness statements, to support your claim.
- Contact a compensation attorney to assess your entitlements and receive appropriate legal guidance.
At Garrity Traina, a leading law firm with renowned attorneys in New York, we specialize in workers’ compensation cases and have helped numerous clients secure the compensation they deserve. Our dedicated legal team is committed to providing you with the best possible representation. To discuss your case and schedule a free consultation, contact us at 888-716-4508.
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