Usually, workers compensation cases can pit the interests of an injured or sick worker against the interests of the employer. Therefore, the workers’ compensation claim process can be very adversarial and difficult. In fact, it will demand the use of a lawyer who’s experienced regarding workers’ compensation claims.
Many factors can influence your workers’ compensation case, most of which are clear. Everybody knows how serious your injury is, whether you get the right medical treatment and whether you require long-term medical care are essential factors in your case.
If you have been injured on the job and currently going through a workers’ comp claims process, there are some key things to keep in mind. Without further ado, here are 4 key tips to help you win worker’s compensation case:
1. Be credible
Credibility is perhaps one of the most crucial factors in the workers’ compensation claim. Not only yours but also that of your lawyer and doctor as well.
If you’re honest, you’ll be credible. The situations surrounding your injury, your ability to work or not and your level of pain.
All of these things are of the important for your case, and if nobody believes you, it is going to be difficult. You actually require your doctor on your side.
If your case ends up in the office of an arbitrator, their opinion of you’ll matter a lot. For instance, if you have filed half a dozen claims previously, that will not look good.
2. Document the Injury in Writing
Several employers have a particular form for documenting any work-related injuries. If there’s no form, find a piece of paper and document your injury including the description of what occurred, what you’re doing and the place and time of the injury. If possible, ask your supervisor to sign the written report.
Moreover, if there are any witnesses to the accident, identify them and also have them make a well-written statement too.
Obtain copies of all the statements and keep them for your individual records. If the written report is not generated, be wary that your employer could even deny that you ever gave any notice of the injury.
3. Report the Incident Immediately
Even if you do not feel extremely badly hurt, it’s important to report the accident or incident as soon as possible after it occurs.
According to Hinden Law it is important that you give a written description of the accident or incident to your Human Resources department. This will start a paper trail for any investigators or insurers as well as any workers’ comp attorney that may ultimately become involved in the case.
Remember, simply because you report the incident to the HR does not mean you will necessarily make a claim against workers’ comp policy, but it’ll help offer proof down the road if you choose to file a claim.
4. Experience and credibility of your lawyer
If your case is disputed, you will require a lawyer who has enough experience arguing various cases in front of an arbitrator. They need to be familiar with an arbitrator assigned to your case.
They should focus majorly on work injury cases. These things develop great credibility. (Tip: do not hire a lawyer proposed by your doctor – this makes them both appear bad.)
Note: Each state is different regarding workers comp laws, and each injury is different.