How to Prepare for And Win A Workers’ Compensation Settlement?
Michael Cardamone is the Founder and President of Cardamone Law. He is a distinguished workers’ compensation attorney with 20 years of experience in helping injured workers across Pennsylvania.
Were you denied your dues?
Are you about to file a lawsuit but don’t know how to procure hefty legal fees?
Then, don’t worry because there’s still hope. Because according to Pennsylvania workers' compensation act, both parties (that is, the injured worker and insurance provider) must participate in a pretrial settlement meeting. It is here that you can convince the insurance provider to avoid unnecessary legal battles by awarding you your just dues.
However, it’s not as easy as it sounds – because no insurance provider will agree to your requests. So, what are you supposed to do, wait and hope for the best? Nay, you’re supposed to equip yourself with all the strategies necessary to win the settlement. And don’t worry; you’re not alone, as this guide will help you understand all that needs to be done.
Basic Goal and Strategy
Workers’ Compensation Laws were established to prevent millions of dollars of tort claims from coming from injured employees. By claiming workers’ compensation, employees can no longer sue for negligence. However, the denial of workers’ compensation opens the doors to tort claims – and no one wants to be sued for tort.
The only reason an insurance provider will deny workers’ compensation is that they’re sure of their victory. This means that for you to win the settlement, you must impress upon the opposing party the validity of your claims. And that if they choose to go to trial, they’ll have to pay a lot more than they will now.
You might have guessed by now that, like the insurance company, your main strategy is to scare the opposition into submission. But, while they’ll be using nefarious tactics, you’ll be using concrete evidence like:
The first thing you need to take care of is proof of your employment – because workers’ compensation is only applicable to employees, not private contractors. This distinction is often used by insurance providers as many blue-collar workers, especially those with unspecified immigrant status, are hired without formal documentation. Luckily, the law doesn’t disqualify someone on basis of immigration status and includes a provision to allow proof of employment by other means.
Other than employment records, make sure to get a second opinion from a certified physician. This will ensure that the insurance company did not tamper with the first report to downplay your injuries. As you might’ve indicated, certain workers’ compensation articles require you to seek treatment from physicians recommended by the insurer. It must be pretty apparent that this can lead to situations where the doctor might get bribed. Thankfully, the law does not prohibit you from getting a second opinion ¬– so, make sure to get one as soon as possible from an independent medical examiner in PA for your work comp case.
Need for Legal Representation
The Workers’ Compensation Act consists of a complex set of legal statutes that can sometimes be even too much for the experts. Moreover, workers’ compensation always can vary widely from state to state, with some being employee-friendly and others being employer-friendly. And while we did discuss two ways to significantly improve your chances of winning, there’s a lot that we didn’t discuss. So, I would recommend that you hire a proper workers’ compensation lawyer team. Because not only will legal representation improve your chances of winning but also help you get more favorable results.