What Are The Odds Of Winning A Workers’ Comp Case?
Suffering a work-related injury can be very frustrating and can represent a big financial issue for you and your family. Nonetheless, if you suffered an injury while working you can file a workers’ comp claim.
A worker’s comp claim will allow you to recover compensation for your medical expenses related to the injury and the wages lost in the time you were unable to work. Most injured workers who file a workers’ comp case are worried about not winning the case. Fortunately, the vast majority of workers’ comp cases are won by the accident victims. 93% of workers who file a comp case receive compensation.
What Does It Mean to Win?
When discussing workers’ compensation claims in which the worker received compensation, the term “win” is sometimes misused. Winning entails more than just collecting money; it entails receiving fair compensation that covers all medical expenditures, past and future treatment, and reimbursement for the income lost.
As a result, the statistic indicating that 93% of workers win workers’ compensation cases is a little misleading because it does not clarify whether the amount they got truly covers all of their expenses and lost wages. For example, imagine that Frank, a 35-year-old man who works in construction has an accident and breaks his wrist. He reports the injury to his supervisor and he is sent to the hospital.
At the hospital, the doctors tell him that he will need surgery and the cost of the surgery is $9,000. Frank is unable to work for 6 months following the operation and must visit the hospital once a week for physical therapy, which costs $125 per session. Frank must spend $9,000 for surgery, $3,000 for physical therapy, and $1,500 for medication. Frank will spend a total of $13,500 on medical bills.
Furthermore, because he would be unable to work for 6 months, he will lose $19,800 in income. In the end, the injuries he sustained while working cost Frank $33,300. After filing a workers’ comp case, he is able to recover $20,000. While it may look like he won the case, the truth is that he lost money because he did not receive fair compensation.
How Long Do Workers’ Comp Appeals Take?
If a workers’ comp case is denied that does not mean that everything is lost. You can still appeal the decision. Keep in mind that the appeals process can take a long time and you will need to have a strong case to be able to change the decision. Hiring a workers’ comp lawyer is crucial to increase your chances of obtaining compensation.
How Many Workers’ Compensation Cases Go to Trial?
Luckily, only 5% of workers’ comp cases go to trial. That means that the majority of cases are settled out of court. This is good because a lawsuit can be a very exhausting process that can take several months.
Is it true that all workers’ compensation cases end in a settlement?
Because only 5% of all worker’s compensation cases go to trial, not all cases conclude in a settlement. However, they end up in a settlement most of the time. But just because the majority of cases are settled does not indicate that all workers receive the compensation they deserve.
Insurance companies try to do everything to pay as little as possible. When an accident occurs and a worker’s comp case is filed, the insurance company sends an adjuster to investigate. The insurance adjuster will gather evidence and collect information that will be used against you to try to reduce the compensation.
Insurance adjusters will also try to make the process longer to force you to settle for a smaller amount than what is fair. That is why in many cases, compensation settlements are not fair and the accident victim ends up losing money. For that reason, seeking expert legal representation is so important. An experienced compensation attorney knows how to deal with insurance companies and the tactics used by insurance adjusters.
What Affects the Chances of Winning a Workers’ Compensation Case?
After suffering a workplace injury, there are some important steps you should take to improve your chances of winning a workers’ comp claim.
Report the injury
After suffering a work-related injury, it is crucial to report the incident to your direct supervisor. Make sure to do this in writing, like in an email. You normally have 30 days to report the accident, nevertheless, reporting it as soon as possible is the best thing to do.
Get medical treatment
Regardless of the severity of the injury, you should always get medical care. Some injuries are not evident but a thorough medical examination can discover lesions that you were not aware of. Furthermore, every medical report can be used as evidence.
Gather evidence and document the incident
Keeping a detailed chronogram of how things happened is necessary to build a strong case. You need to write down the date and time of everything, the moment you reported the accident, the moment you went to the doctor, etc. Additionally, you need to take photos and if possible, statements from your coworkers to use as evidence for your claim.
Get legal representation
Contacting a personal injury compensation attorney is extremely important. An attorney will help you get the maximum compensation possible. They will guide you through every step of the process and they can help you negotiate with the insurance company.
Does Having a Lawyer Affect the Average Settlement or Award?
Yes, it most surely does. Having a lawyer will increase the average award. Workers who employed a lawyer for their workers’ compensation cases received 2.7 times the payout as workers who did not hire a lawyer. Naturally, an attorney can help you build a strong case and precisely calculate the amount of money you need to receive to cover all medical bills and lost wages.
What Do I Do After an Injury at Work?
After being injured on the job, you will need to seek medical help. Some injuries can be very severe and without quick medical attention, they can be fatal. Then you will need to report the accident to your boss or supervisor in writing. Next, you will need to gather as much evidence as necessary to build a strong case.
Finally, contact a compensation attorney and check with them what comp benefits you have, that way they can give proper legal advice.
Greenberg & Stein P.C. is a prestigious law firm with some of the best attorneys in New York. Our attorneys have handled numerous workers’ comp cases and have helped our clients get the compensation they deserve.
Our legal team will work relentlessly to ensure that you have the best legal representation possible. If you recently suffered a work-related injury, contact us at 888-716-4508 to schedule a free consultation to review your case.
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