What Are the Chances of Winning a Workers Comp Case?
When an employee gets injured on the job, it's a scary and stressful time. They might worry about how they'll pay their bills or return to work again, which can make it tempting to accept anything that workers comp offers them.
However, these programs are there to help everyone when they need it most – not take advantage of anyone. Many people who could have won against their employer settled because they didn't understand the risks of paying or going to court.
In this article, the workers can learn more about the likelihood of winning a workers comp case and some considerations before proceeding with a claim.
The Chances of Winning a Workers Comp Case
Very few people win their worker's comp cases from the start. That's because many factors affect the outcome of a workers comp case: the type of injury, age, the kind of work they do, whether there is insurance coverage, the quality of their lawyer, and the judge and jury assigned to their case. Depending on the type of injury, employers may put the injured worker on light duty. Find out if light duty is considered lost time.
Although the case's result depends on several factors outside their control, workers can increase their odds of winning by being prepared with evidence and documentation.
Know the Limitations of a Workers' Compensation Lawyer
A work injury lawyer in Columbus has a fiduciary duty to their clients: they must act in their best interest - this means that they will try to get a worker the highest amount of money possible within the confines of the law.
A lawyer's job is to get the clients the best settlement possible under the law and within the jurisdiction in which they file the claim.
Furthermore, a worker's compensation judge hears the worker's comp cases, so proving malice or negligence is challenging, even for experienced attorneys.
The Worker Should Document Everything
Documentation is an essential part of any workers comp case. An employee wants to be sure that they have as much evidence as possible to support the case. This documentation can include things like:
Medical records: Workers should keep copies of all medical records and share them with their doctor and attorney. These documents can help clarify someone's injury and how long it will take them to recover. Medical records also help the injured employee get part of their salary after an injury occurs. Learn more about impairment ratings, such as the 10% impairment rating.
Work records: Anyone can record the things they did before and after being injured and all their work shifts. Moreover, it includes things like emails, texts, photos, and video recordings.
Witness statements: The employee can get in touch with witnesses who can help to bolster their case. This step can include doctors, family members, and co-workers.
Prove Malice and Negligence
Workers comp is a no-fault system, meaning workers don't have to prove malice or negligence to be eligible for compensation. However, they can seek increased damages if they have an injury caused by malice or neglect.
Malice is a deliberate evil intention or a wish to cause harm. This harshness can include a case where the employer knowingly falsified their injury. Negligence is the failure to exercise the level of care that a reasonable person would use in similar circumstances. Moreover, this carelessness can include a case where their employer failed to provide safe working conditions.
Winning Strategies for Workers' Comp Litigation
Since a workers' compensation judge hears the case rather than a jury, workers' comp cases differ from other types of litigation. To win the case, the worker must convince the judge that what they ask is fair. There are a few ways a person can go about this:
Open with a humorous story or personal experience: Humans are predisposed to the narrative. The worker wants to appeal to the judge's emotions and use a story of their injury to get their point across.
Focus on the facts: The person has to prove that the injury caused by work has left them with a lasting impact.
Wrap-up with a personal touch: At the end of the day, their case is about more than just numbers and facts. It's about the worker and their injury's impact on life. By bringing their story to a close, they can help the judge to understand the full extent of the loss.
In conclusion, for an employee to win a workers comp case is challenging, but it is possible. The first step towards winning a workers comp claim is understanding the process and having the right team of people on their side.
This step includes a lawyer from Larrimer & Larrimer who can help them navigate the legal aspects of their claim and a therapist who can help them guide their case's mental and emotional factors.