Michigan workman’s comp lawyer gives tips on how to win a workers’ comp case and not leave money on the table after settlement.
Our workers’ comp lawyers make sure that clients get a fair shake when dealing with the insurance company. Medical bills should be covered without any copayments being owed. Wage loss benefits should be paid for any period off work. Unfortunately, insurance companies look for any excuse to dispute workers’ comp benefits. Here are some tips on how to win a workers’ comp case and not leave money on the table after settlement.
4 Tips On How To Win A Workers’ Comp Case
Tip #1. Make sure the work injury is documented
Employees who are hurt on-the-job must give notice of injury within 90 days. They must also make a claim for benefits within 2 years. Both requirements can be done verbally so just telling a manager or supervisor is usually enough. However, it is a good idea to fill out a written accident report so there is no question that it is documented.
Employers and insurance companies think late notice is an excuse to dispute benefits. They are convinced that anyone who waits until the next shift must have gotten hurt at home and are now lying. Don’t give them a reason to say it did not happen at work and report it right away. It is also very important to see a doctor immediately and give a correct history of how the workplace accident occurred.
Tip #2. Select a doctor who supports the claim
Workers’ comp is supposed to cover all reasonable and necessary medical treatment. This includes ambulance runs, emergency room visits, hospital stays, and follow-up doctor appointments. Insurance companies get to choose the medical providers for the first 28 days.
To help win your workers’ comp case it’s beneficial that you select your own doctor who will support causation and disability. Medical evidence is critical when trying to prove a workers’ comp case and negotiate a fair settlement. Don’t just stick with whomever was suggested by the insurance company and expect them to support your case.
Tip #3. Do a good-faith job search
Insurance companies are allowed to use post-injury wage earning capacity (PIWEC) to reduce weekly checks. This happens when a vocational counselor says a person is only partially disabled and can find alternate work. Phantom wages from a job that a person does not even have are used to slash what is paid under workers’ comp.
Our experience shows that vocational counselors hired by insurance companies are frequently wrong. To help you win your workers’ comp case do a good-faith job search and show that no employer will accept current restrictions. This evidence can be used to prove full disability at trial and will increase the value of any settlement.
Tip #4. Choose an experienced workman’s comp lawyer
To help win your workers’ comp case we recommend contacting an experienced workman’s comp lawyer before discussions about settlement begin. This ensures that a person is not locked into a bad negotiating position. Insurance companies know that people who are represented understand their legal rights and have the will to enforce them. It is important to let a professional formulate a settlement demand.
Injured in an accident at work in Michigan? Contact our workman’s comp lawyers for a free consultation
If you are injured in an accident at work in Michigan call us now to speak with an experienced Michigan workman’s comp lawyer about your claim or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers win their workers’ comp cases in Michigan for more than 35 years and can help you better understand Michigan workman’s comp laws to ensure your legal rights are protected. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.