How To File A Work Injury Lawsuit: 7 Expert Tips From The Pros

For those who have been injured as a result of someone else’s negligence, filing a work injury lawsuit can seem like an overwhelming task. In addition to being unsure what steps to take for your specific situation, many people don’t realize just how long the process could be. This is why you must seek out help from an experienced work injury lawyer as soon as possible. Here are seven expert tips to help you maximize your chances of success.

Injury Lawsuit

Get The Claims Adjuster to Investigate Your Claim Immediately

All work comp claims must be documented properly and thoroughly within 24 hours of when an injured worker reports an injury. The insurance company must have a detailed report on file for every work injury, and it is the injured worker’s responsibility to have this documentation filed. An adjuster from your employer’s insurance company will typically investigate a claim within 24 hours of when they receive a notification of an injury. You mustn’t give written notice to the insurance or accept medical care before the adjuster has investigated.

If an injured worker does not give the claims adjuster the necessary information to investigate their claim, they will typically end up with a lower settlement or no settlement at all. Unfortunately, many times workers feel that they cannot go through this process alone and seek legal help for their work injury case; however, it is important to remember that, when you seek legal help, it is typically only after the insurance company has made an offer and you have decided to consult with a lawyer.

Call An Experienced Work Injury Lawyer

In many states, when you are injured on the job, you have a limited amount of time in which to file a claim with the state or to start a civil lawsuit. This is called a ‘statute of limitations and varies from state to state. If you try to file without first contacting a lawyer, there is a good chance that your claim will be denied because your state’s law requires claimants to first give the employer or insurance company notice.

Rather than trying to take on the insurance company yourself, it is best to have an experienced attorney or paralegal who specializes in work injuries to represent you. Experienced compensation lawyers have a thorough understanding of the federal and state laws that apply to your claim,  and they know how to best present the details of your case to get an acceptable settlement from the insurance company. These lawyers work on a contingency basis, which means that you only pay them if they win your case and get you an acceptable settlement amount.

Because of this arrangement, it is almost always worth it to hire a Compensation Lawyer to make sure that your rights are protected. If the insurance company finds out that you have hired an attorney, they will usually take you more seriously and try to work out a settlement with them instead of taking their chances at trial.

Get The Medical Records

It’s best to get medical records as soon as possible after the date of your accident. This will give you an accurate account of what was done. You can ask for a copy of your records from the doctor or hospital that treated you. If you don’t already have a doctor, choose one based on your geographic location, the doctor’s expertise, and how much his or her services cost. Then call the doctor’s office and ask if they’ll send you a copy of your medical records. If you’ve had X-rays, MRIs, CAT scans, or other tests were done at a hospital or radiology facility, be sure to request those test results as well.

If it’s difficult or impossible to get copies of your medical records, don’t panic. You can get a copy of your records directly from the medical provider yourself, usually for a fee. At the very least, you should have a detailed conversation with your doctor about your injuries and treatment, so you can describe it to an attorney later on. It’s important to know all of the details of what happened on the day of your accident because that will help you determine the amount of compensation that’s due to you.

In addition to medical records, it is crucial to have documentation showing how much money you’ve lost When you’re off work for a few days or weeks due to injuries sustained in your accident, you should document the days missed from work to get back pay. Your employer may have a specific form for this, but even if not, you should still request a letter from your employer that states when you were injured and how many days of work you missed from that point forward.

work Injury Lawsuit

Go To All Your Doctor Appointments

You must keep good records of doctor appointments and make sure you do not miss therapy because it could affect the amount of recovery you receive. If you miss a scheduled appointment with your doctor or therapist without giving them notice, your injury claim could be at stake. Additionally, you must pay the copay and fees as requested by your healthcare provider to make sure they do not refuse to continue treating you as part of the work comp claim.

It is also very important that you keep in touch with your doctor and therapist to ensure they have up-to-date contact information for you. If an injured worker does not keep in touch with their doctor, it is typically seen as a lack of interest or incentive to recover.

Be Honest About Your Injuries

If you are dishonest, then it could affect any potential settlement or amount that the insurance company decides to pay you. Providing misleading information about how an injury occurred is not a good idea because it could result in more work comp claims against you if another worker files one against you in the future.

It is crucial that you be honest about your injuries and how they occurred, otherwise, the insurance adjuster will not be able to properly assess what you deserve in a settlement. When an injured worker is found to have been dishonest by providing false information about their injury, it takes away from whatever credibility they had left when negotiating for a work comp settlement.

Do Not Accept a Settlement

Do not accept any settlement from an insurance company without the assistance of a qualified work injury attorney. The insurance adjuster’s goal is to offer as little as possible, and they are trained to settle for the lowest possible amount on every case. In most cases, this low-balled settlement will be far less than you deserve. The average settlement is less than 50% of the maximum value of your claim. To get a fair settlement, you need to work with your lawyer and give follow the instructions given to you by your attorney.

Do Not Give a Recorded Statement

Do Not give a recorded statement to the insurance company under any circumstances. The only time you should be giving a recorded statement is when your lawyer permits you. If you are not, then you are walking yourself into an insurance company trap where they record everything that you say and use it against you in court. You have no idea how they are going to twist your words around, so it is best just not to say anything without first consulting with your lawyer.

It is important, to be honest when filing a work injury claim, and it is typically in your best interest to let an experienced lawyer handle the details of your case. Insurance companies will use any lack of honesty against injured workers during settlement talks, and it could end up costing you thousands of dollars that you deserve for your injuries.