How We Will Help You Protect Your Legal Rights and Win Your Case as Your Workers Compensation Lawyer
I’m often asked – by both potential clients and attorneys in other practice areas – what a workers compensation lawyer does during a case. Potential clients are often trying to decide whether having a workers comp lawyer on their side can increase the benefits they get or help them negotiate a lump sum workers compensation settlement. And other attorneys are trying to figure out how workers comp lawyers make money.
This article explains what a good workers compensation attorney should do to help you win your case and recover damages for your on the job injury.
What Does a Workers Compensation Attorney do During a Claim?
Here is a list of the different tasks your attorney may do to help you get every penny and medical treatment you deserve:
- Interview you and your family members to find out how you were hurt at work and to see how the injury has impacted your life
- Give you an overview of the workers compensation claims process and what the law requires you to prove
- Gather information from you about all possible witnesses
- Interview potential witnesses
- Gather documentary evidence through discovery, including your earnings records, medical records and reports, and written accident reports
- File all necessary Requests for Hearing, Claims for Benefits, and Change in Condition Applications to protect your legal rights
- Put your employer and its workers compensation insurance company on notice of your claim
- Obtain a copy of your personnel file from the employer
- After investigating the facts, analyze how the Workers Compensation Act and recent case law will impact your ability to prove that you suffered an injury by accident arising out of and in the course of the employment and that your ongoing disability and medical care are causally related to the work injury
- Communicate with your treating physicians and draft and obtain reports that will help you prevail on the disputed issues
- Prepare you, your witnesses, and your treating physicians for depositions
- Prepare you, your witnesses, and your treating physicians to give testimony at hearing before the Workers Compensation Commission
- Analyze whether you have other potential claims, including Social Security Disability, Long Term Disability, Virginia Retirement System (VRS), personal injury, and car accident claims
- Decide with you whether you should attempt to negotiate a settlement with the insurance company
- Review your file regarding resolution of the claim and settlement negotiation with the insurance carrier
- Represent you at issue mediation before the Workers’ Compensation Commission on change in condition claims and employer’s applications for hearing
- Represent you at full and final settlement mediation with the Workers’ Compensation Commission
- Work with a disability rating examiner to determine your permanent impairment and entitlement to permanent partial disability benefits
- Represent you at hearing before the Workers’ Compensation Commission
- Prepare all appeals and objections if necessary
- Resist appeals filed by the employer and its insurance carrier through written brief
- Recommend whether you should appeal the case if necessary
- Guide you through vocational rehabilitation issues if necessary
- Prepare you for an independent medical examination (IME) if necessary
- Prepare settlement documents so that they are approved by the Workers’ Compensation Commission and the Center for Medicare Services (CMS) if necessary and protect you should you become eligible for SSD in the future.
- Analyze whether any third parties have valid liens on your case and settlement. If so we will negotiate with those parties to help you recover more
- Connect you with community resources to help you and your family get the assistance you need and deserve
When you’re hurting – physically, emotionally, and financially – trying to do all these tasks alone may seem impossible. Fortunately help is just a call, text, or e-mail away. Contact Corey Pollard to find out how one of the best workers compensation lawyers in Virginia will help you recover.