Workers’ Compensation Attorney and Your Claim Pt. 2

A previous article discussed how hiring a dedicated and experienced workers’ compensation attorney would give a workers’ compensation applicant a better chance of obtaining the benefits they deserved in the face of the denial of their workers’ compensation claim. The article stated that an attorney would be able to communicate with the workers’ compensation insurance on behalf of the applicant, gather and develop medical evidence as well as represent the applicant at his or her workers’ compensation hearing or trial. This article will discuss how an experienced and dedicated workers’ compensation attorney will negotiate and structure settlement agreements, as well as provide advice in respect of stepping outside the provision of workers’ compensation benefits by way of third party claims.

Negotiating and Structuring Settlement Agreements

Workers’ compensation attorneys have a much better idea of the value of a claim than the workers that they represent. In fact, an attorney will understand how specific factors impact on the worth of a workers’ compensation case. Some of these factors are:

• The severity of injuries sustained and their resulting functional limitations

• The worker’s disability rating

•  If a disability is partial or total

•  If a disability is temporary or permanent

• The worker’s previous wages

• The costs of past and future medical treatment

Generally, lawyers understand the negotiating tricks that are used by insurance companies, including one in which the insurance company makes a ‘final offer’ that really is not final. Such information may not be as obvious to an employee representing himself or herself. Excluding a few exceptions, workers’ compensation attorneys are more likely to engage in productive negotiations with insurers than applicants who are representing themselves.

Another aspect of the settlement process that is commonly overlooked is the way in which your settlement agreement is structured. If the applicant is receiving or applying for Social Security Disability Insurance benefits, a settlement agreement that is not properly drafted can cost the applicant hundreds of dollars per month in benefits because of what is known as the workers compensation offset. In the state of Alaska, Social Security Disability Insurance benefits will be reduced if an employee is also receiving workers’ compensation.  Therefore, your settlement must be structured properly and take into account the medical bills you have already incurred and those you expect to incur in the future. And as such, an experienced workers’ compensation attorney can help you decide on a reasonable estimate of your future medical expenses.

An injured employee may have a personal injury claim against a third party as a result of his or her negligence having contributed to or caused the injury. Such a personal injury claim can be made in addition to a workers’ compensation claim. Drivers and manufacturers of faulty equipment are frequently defendants in third-party lawsuits. A personal injury claim may be much more valuable than a workers’ compensation claim as damages include pain and suffering as well as loss of potential earnings. Therefore, for a workers’ compensation attorney and a personal injury attorney start looking for Anchorage law firms that specialize in both aspects of injury claims.

For an attorney well versed in both workers’ compensation and personal injury matters, the author recommends Crowsonlaw.