Personal injuries are inherently stressful events, and they can have severe short-term and long-term consequences. As unpleasant as it is to think about, each person is also eligible for one at practically any time. For those injured on the job, workers’ […]
Personal injuries are inherently stressful events, and they can have severe short-term and long-term consequences. As unpleasant as it is to think about, each person is also eligible for one at practically any time. For those injured on the job, workers’ comp exists to protect you by paying medical expenses, covering lost wages, providing rehabilitation when needed, and offering disability benefits. Filing a workers’ compensation claim with your employer’s insurance company doesn’t always go as intended, however. If you believe you’ve been unjustly denied workers’ compensation benefits following a work injury, then you may have a legal case on your hands.
Before jumping to litigation, however, it’s important to realize that there are some exceptions to workers’ compensation. If the injury was caused intentionally by the injured worker, for example, workers’ compensation insurance won’t cover it. States generally won’t cover injuries caused due to intoxication or the influence of other drugs either. Cannabis may be legal in many parts of the United States, for instance, but it’s not a good idea to go into work high. Products like Veil Odor Eliminator are great for personal use and getting rid of the smell of weed, but if it’s discovered that you were concealing a high at work when you were injured, you won’t receive coverage.
If these exceptions don’t apply to you, and you’ve been unfairly treated, here are four great tips to have the best possible odds for your personal injury case.
1. Keep up with medical care.
For your own safety, the first thing you should do after any kind of injury is to seek medical attention as soon as possible. For work-related injuries, it’s best to inform your employer right away, but you may need to get someone else to do it while you’re taken to the hospital if your injury is severe enough.
Getting immediate medical treatment also helps your injury claim by proving that all sustained injuries were indeed caused by the event. If you wait around, the insurance company may try to claim that some of your injuries were sustained later. It’s also imperative that you keep up with all recommendations from your doctor to maintain pristine medical records during your case.
2. Collect evidence, and file your claim.
Before filing any kind of personal injury claim, it’s best to have as much evidence as possible. Photographs of your injuries are a good start, and if there’s and video or photographic evidence of the accident scene, you should collect that as well. You may also be able to collect testimonies from witnesses of the event. An insurer will often look for any reason to deny or minimize your claim—insurance companies don’t make their money by actually paying out, after all. Having as much information as possible with your claim improves your chances of receiving workers’ comp benefits on your first attempt.
3. Find a personal injury attorney.
If it comes down to it, you may need legal advice on how to prepare for your work injury case. It’s fairly unlikely that the case will make it to a courtroom since insurance companies often settle out of court, but you’ll need a skilled personal injury lawyer on your side if things get that far.
Fortunately, these attorneys generally work on a contingency basis, meaning that you’ll only pay them a percentage of your settlement if you win the case. They offer free initial consultations as well, so there’s practically no risk in seeking out a personal injury attorney for your injury claim.
4. Keep your doctor and lawyer updated.
Just because you’ve found an attorney doesn’t mean that your role as a client is done. You need to keep them updated on the pace of your recovery and on any new developments, as everything can be important to your case and affect your settlement amount. If your injury worsens in any way, it’s always critical to inform your doctor immediately since you need medical records to document all changes.
If the case does make it to the courtroom, always dress professionally for any times you have to appear. A suit is a great option for men, but business casual attire can suffice as well. Women might opt for pantsuits or a stylish ruana wrap. As unfair as it may seem, your appearance can affect how a judge perceives you, so it’s best to make a good first impression.
While no personal injury case is ever a guaranteed success, following these tips will give you your best possibility for a favorable outcome.