In the American common law system, worker’s compensation is one of the most dynamic fields of legal practice. The laws, rules, and procedures that govern worker’s compensation cases change across jurisdictions very frequently, and this can prove decisive in terms of the outcome of worker’s compensation claims. Law firms that handle worker’s compensation claims and disputes are constantly on top of developments in their focused field of practice, particularly decisions issued by appellate courts concerning workplace injuries.
Many of the worker’s compensation claims that end up in court involve pretexts and frivolous arguments made by employers and insurance companies. When courts of appeal invalidate such pretenses, lawyers make note of the decisions so that they can cite them in a lawsuit; this is why worker’s compensation firms make it a point to monitor high court decisions.
Staying up-to-date on the matters that shape employment and worker’s compensation laws and procedures is just one of the various roles that law firms assume when they handle claims and complaints filed by their clients. Let’s take a look at some other roles:
Legal Advice on Rights and Options
When law firms are retained by workers, workers’ compensation attorneys immediately assume a counsel role that always has the best interest of clients in mind. To establish what this interest should be, worker’s compensation lawyers thoroughly explain the process, what benefits may be available, the potential risks of filing a claim, and the real options to obtain a favorable outcome. This advice often includes dispelling the incorrect notion among some workers who believe that filing a claim automatically eliminates their chances of filing a lawsuit for injury and damage. The same can be said about workers who believe that the injury or illness they sustained in the workplace is not too serious.
Courtroom Litigation
Filing a lawsuit, attending hearings, and presenting evidence on behalf of clients are part of the various responsibilities that law firms have to clients seeking compensation for workplace accidents. Quite a few worker’s compensation claims end up in court, but they can also be settled, mediated, arbitrated, and negotiated; no matter how they are resolved, lawyers will always be ready to litigate in court if need be.
Filing All Required Paperwork
Preparing the claim form, medical reports, and other documents to support a claim is within the scope of worker’s compensation attorneys. You would be surprised to learn how many claims are declined, rejected, or approved at lower compensation amounts because they were incomplete or not properly filled out. Attorneys can also work with physicians to ensure that the medical reports produced for the case will be conducive to a favorable outcome.
Negotiating With Insurance Companies
When compensation claims escalate into lawsuits, attorneys will always look for opportunities to sway the momentum of the case in the direction of their clients. In some situations, this may involve sitting down with the legal teams representing employers and insurance companies that show signs of being interested in a settlement instead of litigation. When this happens, law firms will advocate for fair and timely benefits; at the same time, attorneys will work on solving any disputes that may arise.
