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What Does a Workers' Compensation Lawyer Do?

October 19, 2023

If you're involved in an injury-causing accident at the workplace, you might be wondering if you need to hire a workers' compensation lawyer. According to IBISWorld, in the U.S. there are 449,633 law firms in operation, so how do you know which one is right for your case? Here are a few ways that a workers' compensation lawyer can help you with your insurance filing and case.



Gather Evidence



The first step for any legal investigation is gathering evidence. A lawyer representing a client who has been injured at work will collect relevant information to get a clear picture of exactly how the accident happened and how the injuries occurred. This could be anything from interviewing fellow employees who were at the same place to reviewing safety records and protocols. This is one of the most important steps in the investigation.



Lawyers are able to gain access to company records that an employee would have a difficult time getting permission to review. In addition to any relevant records, lawyers can also subpoena mobile phone records and video footage. Gaining access to these items is a much more straightforward process when an experienced attorney is handling the procurement. Many people don't realize how much paperwork is associated with a workers' compensation case until they have to file a claim themselves. Don't wait until you're already overwhelmed by the process before you look into hiring a legal specialist. When you bring on a lawyer who has a lot of workers' compensation experience, you're much more likely to receive a settlement that's fair. Now is an ideal time to bring a lawyer onto your team.



Appeal Insurance Claim Denials



Workers' compensation cases can be difficult to win. The insurance companies often deny legitimate claims in the hopes that the injured worker will give up or accept a settlement that's unfairly low. When you have an experienced attorney working for you, you're less likely to find yourself in an unwinnable situation. They'll be able to submit an appeal on your behalf and keep fighting for a fair outcome for you. An experienced workers' compensation lawyer will know what to expect from the insurance carriers who are involved with the claim. They'll be able to help you see the big picture when you begin to feel discouraged by your injuries and your treatment by the insurance companies.



Navigating the insurance claim path is difficult enough, there's no reason to try to take on too much yourself. During the insurance claim filing process, you should be focused on healing and on your physical recovery. Bringing in experienced legal counsel is one way to not only get a more favorable outcome but to also reduce the amount of stress the process causes you.



Negotiate Settlements



As you work your way through your workers' compensation case, you'll get closer to the negotiation phase. If the insurance carrier accepts the claim from the beginning or after an appeal, the next step is to negotiate a settlement. This process can take time and cause a lot of undue stress and anxiety. The workers' compensation attorney will be very active in this stage of the process. Decisions made at this stage can have a significant impact on the future of the claimant and attorneys do all they can during negotiations to get their clients a fair and just settlement.



Workers' compensation claims differ from almost every other type of loss claim. This is why the specialized experience that workers' compensation lawyers have is so important. There are a lot of details included in these cases, and in many cases, the information presented differs between the parties. This makes coming to a settlement so difficult. It's up to a strong attorney to present the strongest and clearest case for their client. Settlement negotiations can also take time. A good attorney keeps their client in the loop and fully informed throughout the negotiation process. During this stage, the attorney will also be in touch with the company and relevant supervisors to ensure that all parties are in the know. The right lawyer can make a significant impact on the outcome of these negotiations, and having an expert attorney with a lot of knowledge in the area is the best way to go.



We're the law firm to call when you need an experienced
workers' compensation lawyer by your side. Contact Kavanagh & Kavanagh LLC today to find out more about our services and schedule an introductory consultation. We have the expertise necessary to help you get a fair settlement for your case.

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