Successful Industrial Injury Claim Steps
The following is a list of tips to help you successfully make an industrial injury claim:
-Get a written record of the accident. Take pictures if you can. Keep the clothes you were wearing so they can be examined for evidence that may have been left on them.
-Immediately see your doctor and make sure they document everything that has happened to you, and what care has been given to date.
-If you have been out of work, keep a detailed record of all applications for employment and the dates you applied.
-If you are getting Supplemental Employment Benefits (SEB) money, keep copies of every payment you receive.
-Talk to someone who has represented other injured workers in the past before making any major decisions or signing any papers. If possible, go with someone who has dealt with injuries similar to yours.
-Make sure your doctor provides valuable referrals to specialists who can help your case. This is especially important if they cannot do the surgery that is needed or prescribe the medication appropriate for your injury.
-Be absolutely sure that your doctor supports a claim for compensation before filing it. If they won't provide you with the names of people that can support your case, find another doctor.
-Don't sign anything that does not have your name on it. Make sure all paperwork has your signature and not someone else's. If you are using a lawyer for this purpose, make sure they have access to a copy of all receipts and other important paperwork that could support your claim.
-Don't discuss the details of the case with anyone but your lawyer or doctor because there are many advance fees you might be asked to pay in order to get any case settled before it goes to court.
-No matter what, never offer an excuse for not filing an injury claim. Once you or your lawyer accept that excuse, it is used against you.
-Don't worry about how much your claim will get settled for. You may think that it's not enough to cover your damages, but there is a reason for everything. Your settlement can be appealed at anytime before the end of an agreement. The first thing an insurance company wants to do is to dismiss your claim, and they can do just that by appealing it once they don't feel threatened by it anymore. If the insurance company doesn't appeal and agrees to take the offer on the table, then you have gotten more out of them than if you had gone to court in the first place. A lawyer with good negotiation skills will know exactly how to deal with the insurance company on your behalf.
-If you have been injured, talk to other people who were involved in the accident. Ask them if they would be willing to testify on your behalf as a witness in court. This is important because they might be able to provide information that you are unaware of. For example, they may not remember if you were wearing a seatbelt or if there were any skid marks in that area of the road before the accident occurred.
-Make sure you understand the terms of your settlement and what it includes before signing any settlement agreement or court documents.
-If you are in the hospital, make sure they keep all copies of your medical records so they can be used in court.
-Remember that the insurance company has to pay for your medical bills until they reach a certain amount. Before paying out anything beyond that specified amount, check to see how much you will have to pay out of pocket and compare it with what you will get from an injured workers settlement. Don't sign any document or agreement if you don't understand what's contained within it.
-Don't give up easily on getting your employer to take responsibility for any injury suffered while on the job. If you do, a lot of time could pass before anyone makes any attempt to help you.
-If you have an attorney, make sure they are familiar with the law. They should know when and how to negotiate with the insurance company. They should also be aware of what types of evidence can be used against them in court and what types of doctors you will want to get involved in your case.
-Make sure your attorney understands that you might want to take care of personal matters (like paying for medical bills) while dealing with your claim. This is especially important if you need surgery after an accident.
-Be prepared to take a financial hit for a long time before being compensated for being injured on the job. That doesn't mean you should regret getting injured, but if you have the money to do so, it might be a better idea to wait until you can get back on your feet before making an injury claim.
-Stay in constant contact with your attorney. If they cannot answer all of your questions or provide information that helps support your claim, choose another attorney immediately.
-If possible, find out what kind of person handles claims for the company you work for and their reputation in court. If it's a good one, then you may not need to worry about any conflict of interest. This can help show that the people handling your case are experienced and professional instead of inexperienced and ignorant like many young law students are.
-If you have been denied benefits, it is the best time to find out what is going on. If you are eligible for a settlement, getting your paperwork in on time can make all the difference between getting a small or large settlement.
-Talk to other workers that have been injured in the same accident. Different injuries can be considered if they occurred within a certain period of time following an accident. It's definitely not worth taking any chances with your injury claim.
-If possible, talk to people who have actually won a workers' compensation case in court. Find out how much money they received as well as exactly how much their settlement was, so that you know exactly what to expect if you win your case. Even if you have a good idea of how much your case is worth, it's always better to know exactly how much money you are going to get before walking into a courtroom.
-If you got hurt while working and the people who hired you do not want to pay for your medical bills, then talk to your doctor about filing a lien on them. A lien is a legal notice given on property (like an employer's property) that prevents any transactions that involve the property in question until the claim has been settled. Medical liens are used in many cases where medical services have been provided to someone and payment hasn't yet been made.
-The more money you have to offer the insurance company in your settlement offer, the better your chance of winning your case. Don't be afraid to offer extra money that you may not think is enough, since it will definitely help in court.
-If you are being treated for pain and other medical issues before filing a workers' compensation claim, then they can use these against you. This is especially true if the doctor's compensation from the insurance company has been less than what he or she was originally paid. If this happens, get a second opinion by another physician before settling your claim.
-Just because you may not have had any injuries or damages doesn't mean that other elements of your case don't count as evidence against you.
Conclusion
Once you have a workers' compensation claim, it's extremely important to remain calm and cool. You need to have faith in yourself and stay strong throughout your trial because the outcome will depend on how well you can present your case. Seek medical treatment now if you need it, and always ask your attorney for help whenever you have any questions about the process or your case. Remember that an injury attorney can help you obtain financial compensation for loss of income, medical bills and pain and suffering, so don't hesitate to hire one!
Helpful tip: Be sure to read the FAQs at www.flrcworkercomp.