Serious workplace injuries are an all-too-frequent occurrence. Unfortunately, a serious personal injury brings on a host of other issues—the cost of medical care and physical rehabilitation, plus lost income. The government has instituted a system called workers’ compensation to handle these kinds of claims, but getting justice from this system is harder than it may appear at first.
Sometimes an employer will attempt to fire or otherwise punish a worker who has won damages in an injury claim. This sort of retaliation is illegal. Employees who have been hurt on the job should seek advice from an experienced Carlsbad workers’ compensation lawyer. Skilled injury attorneys can help individuals navigate the complicated system for awarding compensation to injured workers.
Understanding Workers’ Compensation
Workers’ compensation is a kind of insurance that provides wage replacement and medical benefits to employees who have been hurt on the job. In order to participate in the system, employees waive their right to file a lawsuit. The trade off is between certain but limited coverage and losing the ability to have a day in court. But some corporate lawyers have figured out tricky ways of using the rules to keep injured workers from getting justice. This is why it is crucial to get guidance from lawyers who are very familiar with the system and will fight for their clients’ interests. Insurance companies often reject legitimate workers’ compensation claims, hoping that the injured workers will not exercise their right to appeal. Many workers who are hurt on the job accept the denial of their claim without making an appeal, but this may be a big mistake. A Carlsbad workers’ compensation attorney can give an injury victim an objective evaluation of the merits of that claim, and advice about whether it is worthwhile to appeal the denial, as it usually is.
Making a Workers’ Compensation Claim
Attorneys who have worked within the workers’ compensation system can anticipate and respond to the employers’ arguments. Employers often contend that the claimant’s medical problems were the result of preexisting conditions rather than the workplace injury, medical examinations, testimony from witnesses, and photos of the accident scene are all useful evidence to counter these contentions. Employers sometimes offer to settle the claim, but the offer typically does not include all the lost wages or medical costs that the victim has incurred. The worker cannot always depend on the workers’ compensation judge to make sure that the arrangement is fair.
Settling a Workers’ Compensation Claim
Many judges will approve any settlement that does not appear to be grossly one-sided. A complete analysis by a Carlsbad workers compensation lawyer who is there solely to represent the accident victim’s interests is very important. A worker who has sustained a permanently disabling on-the-job injury may be entitled to lifetime weekly payments (or a single lump sum) to make up for the reduction in income. Insurance companies, however, battle very hard to keep from making these payments. Social Security is another issue that may affect the outcome. If the settlement is not structured properly, Social Security may get a big chunk of the benefits. An experienced Carlsbad attorney will understand how to draft the contract in such a way as to minimize this offset.
Speak with a Carlsbad Workers’ Compensation Attorney Today
Whenever you are dealing with the workers’ compensation system, it is crucial to get advice from a Carlsbad workers’ compensation lawyer who is there only to look out for your interests, rather than relying on promises from employers and insurers that may turn out to be worthless.