The sad truth is that insurance companies and employers often routinely deny workers’ compensation claims even when they should be compensable under Massachusetts law. They do this because employees do not understand the workers’ compensation system well and do not realize that they are basically being scammed.
Eventually the employee just gives up because it takes a great deal of time and effort to fight with the insurance company and their lawyers. Hiring a workers’ compensation attorney helps even the playing field between you and the insurance company.
Presenting the Right Medical Evidence
Workers’ compensation is extremely focused on medical evidence. Your doctor’s opinion of your condition is going to be the most important piece of your case. That is why it is so crucial to get to the right doctor who is going to provide you with effective treatment—not just the insurance company’s doctor who may tell you that you are fine when you are not.
The insurance companies pay doctors directly, so some doctors end up being biased toward the insurance company. This can unfortunately affect the type of care that you receive as well, decreasing your chances for a full recovery. Getting a doctor that is focused on you will help you get the care you need, whether that involves additional treatment, specialists, or surgery.
Gathering Other Types of Evidence
Your ability to continue working in the same or a similar job is also important in your workers’ comp case. Your testimony will be important for this piece, but it also sometimes helps to have an expert support what you are reporting.
Your workers’ compensation attorney will help you find experts who can determine what kind of work you can do in the future. These vocational experts will determine how your earning potential will be effected by your work injury.
Doctors may also provide similar helpful evidence if you ask the right questions—and your workers’ compensation attorney will.
Getting You a Fair Settlement
You may not realize just how much your case is worth, but your attorney will be able to evaluate the facts of your case and then get a realistic picture of what kind of settlement you will need to cover your medical bills, lost wages, and other related expenses. Your lawyer will know how the following factors affect your case:
- The seriousness or extent of your injuries
- Your disability rating assigned by your doctor (and the insurance company’s doctor)
- Whether your disability is a permanent one
- Your previous wages
- Your past and future medical treatment
- Your ability to return to your current job (or in the same field)
- Your age and education, training, and experience
You definitely do not want to settle with the insurance company and then realize later that there is no way the settlement is going to cover all of your expenses. By that point, it is already too late.
A good workers’ compensation attorney will work closely with you to determine how much your case is worth. Then, he or she will talk with the insurance company to see if a reasonable settlement is possible. If it is not, then your attorney will prepare your case for hearing.
A good workers’ compensation attorney will walk you through all of the various aspects of your case. Jim Glaser Law can help. Contact us today.