How to Win Your Workers’ Compensation Case
1) Consult with an attorney
As a Workers’ Compensation Attorney, I offer free consultations. Other attorneys do as well. You should take advantage of that opportunity. If you decide to take on representation, it will be done on a contingency fee basis. This means that the attorney will receive a percentage of the funds you receive in your settlement or award. They are usually between 9 to 15 percent. This is considerably less than those attorney’s fees incurred on personal injury cases.
2) Report the injury
A workers’ compensation claim can only be processed if it is reported. Reporting the injury starts the 90 day period for which the insurance company has to accept or deny your claim.
3) Write down the facts
This writing should be with the purposes of providing to your legal representation. This will allow it to be attorney client privilege. Therefore, you will not have to provide it to the insurance company. You should take time and write down the details as to how your accident happened. Write down the date and time of the accident. Also, make note of the location of the accident. Make note of the body parts that were injured. Write down the names of the people who witnessed the accident as well as the names of the persons you reported about the accident. Write down the names and addresses of all of the doctors and medical facilities that you attended. Also, save the bottles of all the prescriptions that you received.
4) Attend all medical evaluations and treatment scheduled
Failure to attend evaluations and treatment can lead to the denial of benefits or the denial of the claim. If you are going to miss an appointment, try to contact them in advance and reschedule.
5) Keep quiet concerning your situation
If an investigator comes from the insurance company, you do not need to talk to them. You have the right to have representation. Before talking to an investigator, consult an attorney.
6) Stay away from Social Media such as Facebook
Do not post information about your activities. The insurance company will attempt to obtain this information.
7) Avoid activities that are contrary to your injuries
For example, if your doctor says not to lift heavy items, do not lift heavy objects.
8) If you have concurrent employment, consult an attorney
These situations can be complicated.
9) Tell the truth
Material omissions or false statements can have serious consequences to your case. This can include compromising your case as well as criminal prosecution. If you have concerns over what you should or should not say, take advantage of consulting with an attorney.
Law Offices of Edward J. Singer
At the Law Offices of Edward J. Singer, A Professional Law Corporation, we represent our clients with their workers’ compensation claims.
With more than 23 years of expertise in defending workers’ rights, we are here to assist with any questions a person in California who receives workers’ compensation may have.
We welcome anyone who needs assistance to contact us today concerning any workers’ comp questions or issues.