Filing a workers’ compensation (also referred to as workers’ comp) claim is often a very complex process, with numerous hurdles. Some employers will try to cover up the incident or completely reject your claim. If you’re pursuing compensation from an insurance company, the insurance adjusters may attempt to stifle your claim.
All these hurdles are meant to frustrate the process and deny you your rightful benefits. If you want to win your workers’ compensation case in Columbia, South Carolina, start by understanding why and when to hire a workers’ comp lawyer.
What Are Your Chances of Winning a Workers’ Comp Case?
The term “win” in workers’ compensation claims is often misused. Some people use this term when referring to the monetary reward they receive from their employers or insurance companies when they get injured or sick at work. But winning a workers’ compensation case means more than the monetary reward; it involves getting fair compensation for all the damages suffered, including medical expenses, current and future medical care, compensation for the lost wages, transportation expenses for related appointments, and more.
As you prepare to win your workers’ comp case, consider the various aspects of compensation to know if you’re getting a raw deal. Although the current statistics suggest that over 90% of victims win their workers’ compensation cases, they don’t define the specific areas of compensation covered. Your Columbia workers’ compensation attorney should clarify each area of compensation in your claim to help you understand the benefits from your settlement.
Hiring a Workers’ Compensation Lawyer
You should hire a qualified and experienced workers’ compensation lawyer who understands the various areas of compensation to cover in your claim for maximum benefits. The other main concern for you should be: How much is my workers’ comp case worth? Knowing how much you deserve to get as compensation for your work-related injuries or sickness will help you to file a comprehensive claim that covers all the important aspects of your case.
For example, your injury may require expensive surgery, which leaves you out of work for several weeks, if not months, to allow your wounds to heal. You might also be required to go for regular medical checkups or therapy, which results in travel expenses and copays. If the injury or sickness is too serious, it may render you completely incapacitated and unable to continue working for the rest of your life.
Therefore, you’ll need continuous financial support to help you take care of yourself and your family. These are important factors that you have to include in your compensation claim. Only when your employer or insurance company agrees to factor in these aspects of your claim in their final offer can you say you’ve won the case. Your attorney must pursue all these damages and ensure the company compensates you fully and promptly.
Tips for Winning a Workers’ Comp Claim
Although many victims of workplace injuries and illnesses are entitled to compensation, not all of them are lucky enough to win their compensation claims. To improve your chances of winning your comp claim, you have to follow these practical tips.
Know Your Rights
As an employee, you need to be aware of your rights so that you can know the kind of injuries covered under your employee rights. Because employee rights are directed by state laws, the eligibility guidelines vary depending on the state you live in. Nonetheless, there are three main categories of workers’ compensation claims that you can make in every state: occupational illness, workplace accidents, and repetitive strain injuries.
Gather Enough Evidence
Your employer and insurance adjusters will try their best to stifle your claim by covering up the incident, or finding ways to work around paying for your expenses in full. It’s your responsibility to gather sufficient evidence to support your claim. This involves collecting witness statements, medical records, and any other information that ascertains the incident. Your attorney should help you to gather evidence and prepare witnesses to testify in your case.
File the Claim Promptly and Quickly
Filing your claim as soon as the incident occurs improves your odds of winning the case. Remember that the statute of limitations stipulates the duration within which a workers’ compensation claim must be filed. Ensure your claim is filed correctly within this timeline to avoid unnecessary complications.
Be Aware of Fraud
Some employers and insurance companies will engage in fraudulent activities trying to cover up the incident or reduce the amount of compensation they pay out. They’ll do this by approaching you with an offer, which is often lower than what you deserve. Your attorney should be aware of these tricks.
Finally, you can improve your chances of winning your workers’ compensation claim by hiring an experienced personal injury attorney in Columbia, South Carolina. Hire your attorney from a reputable law firm like Strom Law to increase your odds of winning.