Tips to Win a Workers’ Compensation Case
Have you recently filed a worker’s compensation claim? Regardless of your reason for filing your claim, you should be fully prepared before your case starts and know what you want concerning workers’ compensation. Below are some time-tested tips to help you prepare for your case and increase your odds of achieving the favorable results that you are after.
Partner With a Workers’ Compensation Lawyer
Regardless of the specifics of your case, ensure you involve a workers’ compensation lawyer. An attorney can walk you through the legal claim procedures and facilitate communication with your boss and their insurer or lawyer. The attorney also works hard to ensure you receive the appropriate benefits depending on your injuries, loss, or suffering.
If your injury or illness may prevent you from working for at least one year or longer, an attorney can also help you apply for Social Security disability benefits.
When interviewing the attorney, ask how long they have been in the game, how many workers’ cases they have handled, and find out the outcomes of the lawsuits. If they have been practicing for more than ten years and have won most of their cases, this is a sign that they are experts in workers’ compensation laws and are likely to deliver positive results.
Gather as Much Evidence as Possible
You need to do more than testify and tell the judge or court representative that your condition was caused by a workplace incident. You will need evidence to prove your claim is valid.
One of the best ways to obtain reliable evidence is to document all essential details of the events that happened before and after you were injured. This may include what led to the accident, the specific time when the accident occurred, and the time you reported the accident and injuries to your supervisor or employer.
If possible, also make sure you have pictures or video of the scene and the injuries that you sustained. You should also have a detailed record of your treatment history. If you’re considering audio or videotaping your employer or their insurer without their consent, talk to your lawyer first to find out if it’s legal or not.
Get Witnesses to Back Up Your Side of the Story
Find reliable witnesses to make your claim stronger and hard to dispute. Your witnesses can be your colleagues, especially those who saw your accident.
Are you worried that your colleagues may lose their jobs if they appear as witnesses in your case? Don’t worry. The Minnesota Whistleblower Act prohibits employers from retaliating against because they appeared as witnesses in a lawsuit. Make sure you obtain written statements from the witnesses, as the memory of facts could be distorted or fade over time.
Don’t Accept Your Employer’s First Offer
Your employer or their insurer may offer you money upfront and convince you to drop your claim. Do not fall for this trick. Often, the first offer is likely to be lower than what you deserve. Consult your lawyer before you accept any deal. Your lawyer has the necessary legal knowledge to determine whether you are getting a good deal or not.
The tips highlighted above can help you prepare for your case and increase your chances of winning. If you’re in Minnesota and have filed or are planning to file a worker’s compensation claim, don’t hesitate to consult our attorneys.
Our lawyers will take a look at your case and help you collect compelling evidence, which you’ll use to demonstrate to the court or court representative about the merits of your case. Contact us right away for more details.