Given our experience representing injured workers, there’s nothing magical about obtaining a fair settlement for a client. There’s no secret recipe. It all comes down to knowing the facts of the case, experience, knowing about the workers compensation system and its laws, hard work and negotiation skills.
Knowing the facts of the case
Without knowing the facts of the case, there’s no point in negotiating. How the client was injured, the degree of impairment and how long that impairment is expected to last, is the foundation of the claim. If the comp carrier is raising issues concerning whether the injury was work related or fraudulent, we need to know, and be able to show, the facts that there is no basis to those defenses.
With experience handling workers compensation cases comes knowledge, understanding and improved skills. You learn more about the laws, understand how the system works, you become more efficient and skilled at representing clients and negotiating settlements.
When negotiating with an attorney or a workers compensation carrier, you have to know what you’re talking about. They know what they’re talking about and it won’t take long for them to figure out if an attorney representing an injured worker does not. We know workers compensation laws and how the system works. An attorney may be very good handling other kinds of cases, but if this is his first comp case, and he hasn’t invested enough time and energy to learn about workers compensation, the client will not be well served.
We attorneys, and our staff, work hard for our clients. We talk to our clients, their physicians, make sure they’re getting the proper care and doing what they need to do to protect their rights to compensation. We keep up to date on the latest decisions and any changes in the law. There are no short cuts and no replacement for hard work.
The ability to negotiate can be learned and in the long run, experience is the best teacher. Different approaches may work better than others, depending on the carrier, the other attorney and the circumstances. Successfully negotiating a settlement normally boils down to whether each party has enough desire to settle and how flexible they’re willing to be so both parties can walk away feeling they’ve accomplished something.
If you or a loved one has been injured on the job and have questions about workers compensation and how benefits can be obtained, contact us so we can talk about your situation and your options.