Many employees or workers all over the world suffers from unexpected work-related injuries or illnesses while undergoing their job. However, in most cases, when they claim compensation for the same from their employers or various insurance companies, they only have to leave their homes empty-handed. Here’s where the workers comp defense lawyer comes to help.
What Does A Worker’s Compensation Defense Lawyer Do?
A worker’s comp defense attorney represents the worker at his legal compensation hearing, fights back on behalf of him with proper medical evidence, proves his legitimate claim, and also negotiates a settlement for the benefit of his client. He collects his medical evidence by-
- Assembling his medical records
- Arranging an appointment for the worker with a physician to get necessary medical examinations and treatment
- Noting down the medical opinions of the physician
- Conducting depositions of various medical specialists
- Collecting evidence that proves the poor workplace safety in the office of the employee
- Collecting statements from the worker’s colleagues, friends and family, etc.
How Does The Worker’s Comp Lawyer Calculate The Worker’s Compensation Amount?
A workers comp defense lawyer estimates the amount a worker deserves for filing his case based on the following factors –
- The level of injury the worker has received
- The cost of the treatment that the worker has to go through (or, has gone through)
- If the worker has lasting impairments?
- The extent of his permanent disability
- The worker’s previous salaries, etc.
Also, he is aware of every kind of negotiating trick that the insurance companies use for their own advantages and knows how to turn the situation in favor of his client. Though the worker’s comp judge is the one who finally approves the settlement, it’s the defense lawyer who is responsible for presenting the reasonable compensation amount in the court by representing the client, presenting the witnesses and evidence, and materializing the negotiation.
Fees Of Workers’ Comp Defense Lawyers:
The fees of a workers comp defense lawyer and the method of payment actually vary from person to person. Some lawyers only charge fees once they win the case while others take very small amounts in advance and the rest after the legal negotiation of the worker’s compensation in the court. Besides, a worker’s comp attorney can only charge the amount from his client as approved by the appeals board and worker’s comp judge, that is, 10 – 20 percent of the employee’s benefits and not more than that.
Conclusion:
So, in case a worker faces any denial of compensation for his medical injury from his employer and he doesn’t possess much medical evidence for supporting his claim, the only right place for him to visit at that moment is a worker’s comp defense attorney’s office. This is because only an experienced lawyer can help him get his compensation amount from his employer that will further help him in his medical checkup and the good news is that he doesn’t have to spend a lot of money for that.
