Why do you need a work injury lawyer?
Employee’s who are injured during the course of performing duties while on the job should preferably engage a specialized work injury lawyer while filing compensation for injuries. Because there are tons of legalities involved, the legal expert can provide the necessary legal advice and present a fool-proof case so maximum compensation benefits can be reached.
Typically it is not easy filing for injury compensation. A work injury lawyer must be able to prove that the management has been negligent in providing a safe working environment for the employees. This includes the working environment and worker’s behavior as well. For example, if an employee is injured in an attack by a co-worker while on duty, the company can also be held responsible. In legal terminology, this is called “vicarious liability”.
Work Injury Lawyer and Trial Attorney
Besides that, accidents can happen at any time and place while the employee is at work. This runs the gamut from industrial accidents, workplace diseases, minor cuts and slips. A work injury lawyer will be able to present the employee case so that the employee is not short-changed by the company or insurance. Work injury settlements are typically settled out of court but there are times when both parties may not reach amicable agreement and the matter has to be referred to a higher power. When this happens, the work injury lawyer will engage a trial attorney who would fight to the employee in front of the judge.
A good work injury lawyer will seek the maximum compensation for the client. This would include medical and general damages. In addition to that, the lawyer will seek for special damages to cover the employee’s emotional suffering. The special damages compensation is supposed to provide financial support for the employee so that the injury does not cause undue hardship to the employee’s family. Besides covering the medical cost, it also takes into consideration items such as cancelled holidays when special damages are calculated.
Work Injury Lawyer payed by Success
The work injury lawyer will assist his client to properly document the case so that it will be easier during mediation. The lawyer will gather all the evidence and facts pertaining to the incident. This includes interviews with the employee, co-workers, management and so forth. Photographs of the injury, workplace environment and potential hazards are also taken down to strengthen the case. All this evidence is important when presenting the case to the insurance company as the defendant will try to find all weaknesses in the case to either dismiss it or bring down the compensation amount. A work injury lawyer will try and gain the maximum for the client because the lawyer will stand to gain more if the compensation is higher. A Work injury lawyer do not have a fixed payment but will take a percentage of their client’s compensation as payment.