The Things You Need To Know Before Filing A Personal Injury Claims
Attorneys with expertise in the area of worker's compensation can be very valuable in personal injury litigation.
It is important to consult an attorney in regards to specific legal information. You can also use more general terms when approaching personal injury law and compensation. Each individual claim is clearly different, however, and we may miss some vital piece of information that a lawyer would pick up on.
Keep in mind that any description or indication of limitation in regards to a legal practice doesn't mean that lawyer has been certified by any board to be an expert in whatever field of law is indicated. If you are ready to hire an attorney for this purpose, you should definitely conduct a thorough investigation of the practice before moving forward. Commercials or other types of advertising should not be the determining factor in which attorney you select; this crucial choice could make or break your case--and your bank account.
For instance, you have suffered a serious knee injury on the job for which you require an immediate operation, and you can no longer function in your current position. As a result, the company for which you have worked for over two decades ends your employment. Not only that, your surgery will only restore the knee to 80 percent efficiency.
The insurance carrier notifies you that you are entitled to less than one year of worker's compensation. In reality, is this the best that you can do? Initially, you need to talk to a lawyer who is an expert in workers' compensation since you could be eligible for additional payment due to other existing factors.
When you have a knee injury it's referred to as a scheduled claim. Under the corresponding schedule a knee injury will be compensated based on a formula of 220 weeks. Taking 20 percent of 220 gives you 44, which is the number of weeks you'll be paid by the compensation insurance company.
In this case, you would likely benefit from a second opinion. If you've begun to suffer from depression because of your injury at work, you might be able to claim even greater benefits. If the knee injury causes back problems, there may be more benefits owed.
Also, if there is an older injury involving a different scheduled member that would include the arm, knee, hand, leg, or hand, you might be able to file a Second Injury Fund claim and be eligible for additional benefits. You should never take your insurance organization's first offer. Contact someone who has a reputation as a good worker's compensation attorney to discuss the various factors and your rights.
Some other things about which you might be wondering include why your employer believes that they can use flimsy excuses to deflect responsibility for causing your injury back onto you. Insurance companies have put in a bunch of money and time to perpetuate the delusion that the majority of claims that are put in are trivial.
Sadly, they have been quite successful in planting this myth in the minds of a lot of people who are potential jurors. Their public relations campaign has made it very difficult to find unbiased jurors to try these cases.
And now the industry paid for defending insurance companies has reached the conclusion that they can trot out any ridiculous claims to exempt their clients from responsibility. It is a situation that exists because those sitting on juries have been brainwashed into believing that those who file workers' comp claims are lazy and greedy. When the plaintiff's injury isn't overtly apparent, as is the often the case with soft tissue damage, these negative preconceptions can seem to be substantiated.
Some jury skepticism regarding the injured pay?s claim is certainly appropriate. In order to conduct a fair trial, your jury needs to maintain even skepticism across the board, when discussing all aspects of the case. All injury claimants have the right to request a trial by a panel of their peers - fair and unprejudiced - to proclaim their verdict.
by: William Mcdonald