How much is your Worker’s Comp case worth?
As experienced and qualified Worker’s Compensation attorneys, we are frequently asked two very important questions – namely, “what is the value of my case?” and “when can I expect a settlement?” Truthfully, these are difficult questions to answer without having had an opportunity explore the client’s file and all of the medical records contained therein. There are so many different factors involved in a workers’ comp case that there is no one answer to these questions.
If the Worker’s Compensation attorney that you consult with begins to throw dates and figures out on the table and is not up front with you about the factors involved, they are giving you the wrong idea. As an example of what we mean, let’s assume that you needed to take your vehicle to a repair mechanic for a weird problem. Before ever driving it or testing it, they diagnosed what the issue was and gave you a repair estimate without ever getting behind the wheel and taking it for a test drive or even running the slightest diagnostics. Would you accept that?
What we look for when opening your file
The first thing we look at is medical evidence regarding the injury. In most cases, though, the medical documentation our clients bring to us has not been completed. Oftentimes, there has been no significant testing performed in order to reveal what the injury entails, such as a CT scan, an MRI, or even x-rays. As your attorney, we help get the medical records you need as well as the treatment and appropriate testing. Once we have all appropriate medical records and treatment records, we start developing estimates regarding future medical care costs. Tests regarding your injury are very important; test results like MRI results and xrays are seen by Judges as objective evidence regarding your case.
For instance, a generalized pain syndrome will have far less of an impact on your Worker’s Compensation case than actual evidence of a broken bone or a disk that is herniated. This is especially true where impacting the value of your settlement is concerned. We also look for who the authorized treating physician is and whether or not they are more conservative when evaluating your case. You need to realize that if the treating physician is prone to releasing you and letting you return to the job without any restrictions, that this could impact the value of your settlement.
A third thing we look for is how your case is being handled by the employer and/or its insurer. Have you received the benefits you deserve thus far, or have you been taken advantage of? As your attorney, we make sure you get every cent and every bit of medical treatment that you are entitled to under workers’ comp. What you are receiving also obviously plays a role in what we determine to be a fair settlement value.
Finally, what most claimants fail to realize is the severity of their injuries. You might think that the intense pain you are feeling in your back is associated with the ache you are experiencing in you heel. However, in the future, when that heel pain results in the difficulty or the inability to walk normally, it will have more of a long-range impact on you. What you need to realize is that you need an experienced Worker’s Compensation attorney who has seen cases like yours before and can help you determine just what is wrong with you. We use our expertise to help you realize what your injuries mean, and we use this knowledge to assist you where proposing a settlement for you injuries is concerned.
