Workplace injuries and illnesses are a common occurrence in the US. Statistics show that 112,500 private industry injury and illness cases were reported in Illinois alone. Out of these, 73,500 were severe injuries, job transfer, requiring days away from work, or restrictions known as DART cases. Workers who suffer from such situations are eligible for worker's compensation.
Yet, many employers and insurance companies don't pay them a fair amount for the claim. Horwitz, Horwitz and Associates comes as a helpful ally in this situation. Want to know more about worker compensation lawyers and their responsibilities in workplace-related cases? Let's begin!
Responsibilities of a Workers Compensation Lawyer
If a worker's compensation lawyer is handling your claim, they will have the following roles:
Initial Case Evaluation
Worker's compensation lawyers first evaluate the case. They thoroughly analyze the circumstances that led to the incident, including the condition of the workplace and the equipment used. They also assess the viability of the claim—whether the injury or illness is really work-related. Once the lawyer has all the data, they proceed to gather evidence.
Gather Essential Evidence
This requires the worker's compensation lawyer to meet with the victim's physicians to identify the extent of the injury. The doctors will hand over necessary data like diagnostic reports, treatment plans, and overall medical expenditures. They also secure statements with eyewitnesses to add volume to the overall claim.
File and Manage Claims
The lawyer then focuses on completing the paperwork for filing a claim. They make sure the required forms are filled out accurately and submitted within the required deadlines. This may seem like a simple task, but it's not. Then, the lawyer contacts the worker's compensation board and insurance company to submit the claim formally, hence initiating the claim process.
Negotiate Settlements
Most workers' compensation claims are settled outside of courts with little negotiation. However, in some cases, the insurance company may try to push the victim to accept the lowest possible amount. A lawyer helps in this as they provide the insurance company with all the necessary data, such as medical bills and information on lost wages.
Their purpose is to validate your claim value and push the insurance company to give you a fair settlement. Here's a chart showing the workers compensation settlement you may receive in case of a lost body part in Chicago, Illinois:
- Arm: $439,858
- Leg: $403,090
- Hand: $279,167
- Thumb: $103,496
- Index Finger: $58,557
- Foot: $227,419
- Big Toe: $51,748
Take the Case for Trials
Although most cases are resolved outside courts, there are instances where the insurance company isn't willing to pay fair compensation. In such a case, the worker's compensation lawyer takes the case to trial.
The case is presented in front of the jury, and both parties offer their arguments and evidence. Subsequently, the judge or jury gives a verdict, looking at all the documents and evidence.
Characteristics to Seek in a Worker's Compensation Attorney
There's no guarantee that a lawyer will make your claim successful. Yet one can increase your chances of getting the entitled benefits. Finding a worker's compensation lawyer for your case? Make sure they have the following qualities:
Ability to Carry Out Extensive Legal Research
Firstly, you should make sure the attorney can carry out extensive legal research. This ensures the lawyer is knowledgeable about any recent changes in a law or regulation relevant to your case.
Their extensive research also helps them determine precedents, statutes, and case law that may impact the outcome of your claim. They can then develop strategies to tackle the defenses raised by the opposing party, ensuring you get the rightful claim.
Strong Track Record
Search for a lawyer who has worked on similar cases and has a high win ratio. You can check their previous work via reviews on their website or ask a friend who has previously worked with them. This increases your confidence in their ability to represent you and secure a favorable outcome for your case.
Faithfully Represent the Injured Workers
The worker's compensation attorney should faithfully represent you in case of a workplace illness and injury. Their authenticity and faithfulness allow them to listen to your concerns and answer your questions. Above all, they should inform you about your case's progress with transparency and negotiate a fair amount to cover your loss.
Conclusion
In conclusion, worker's compensation lawyers handle cases of employees who are victims of workplace injury or illness. They proceed with the initial case evaluation and file the claim on the worker's behalf.
They complete the necessary paperwork per Chicago laws and stay in touch with the insurance company and worker's compensation board. If you don't get a fair settlement, work injury lawyers also take the case to trial. However, make sure the lawyer you hire is faithful and doesn't hesitate to navigate legal complexities.
