Things to Discuss With Your Lawyer When Filing for Workers' Compensation

Things to Discuss With Your Lawyer When Filing for Workers' Compensation

Although many people apply for worker's compensation yearly, only a select few receive the compensation they need. Many factors can affect your settlement, including liability, contracts, availability of evidence and documentation, the nature of your injuries, and more.

Consider checking out to learn more about hiring a qualified attorney for your worker's comp case.

Many people don't know what they need to receive the outcome they want, or they neglect to work with qualified attorneys to help them. If you file for worker's compensation in Myrtle Beach, you'll need an experienced lawyer.

You can then use this guide to ensure you know exactly what to discuss with your lawyer.

Your Injuries & Damages

The first thing you'll need to discuss with your worker's comp lawyer is the nature of your injuries and damages.

There are many different types of damages that a person can incur as a result of a workplace accident. Physical injuries may include:

  • Illnesses (respiratory, auto-immune, skin, etc.)
  • Vision and hearing loss
  • Broken bones
  • Head injuries
  • Torn or sprained ligaments or muscles
  • Permanent loss of functionality in limbs
  • Permanent loss of movement or paralysis
  • And more.

Alternatively, you may also have incurred losses and damages that do not pertain to your physical health.

For example, you may be eligible to claim money based on your pain and suffering, emotional damage, inability to work, and more.

A qualified attorney can help you list your injuries and determine how they may affect your settlement amount.

The Incident & Your Liability

You'll need to discuss the incident with your lawyer and gather the required information to make your case.

A worker's compensation case heavily depends on the availability of evidence, and a lawyer can help you amass and organize that information for easy access and transparency.

Consider showing your lawyer:

  • Medical bills
  • Accident reports
  • Testimonies from other people involved in your case
  • Black boxes (trucks, planes, etc.)
  • Police reports
  • Photographs of the scene or your injuries
  • Ongoing treatment for physical or psychological injuries
  • Ongoing care for damages related to your accident
  • Additional evidence of your losses

If you don't have access to some or all of this information, your attorney can help you gather more data to support your case.

Your Settlement

When you meet with your lawyer, remember to discuss your expectations and desires relating to your settlement.

Your attorney will do their best to meet your needs and negotiate with all other parties in your favor, but it may take some time.

In South Carolina alone, as of January 2023, 19,614 people claimed worker's compensation, and only 6,756 received payments.

The best way to ensure you receive your settlement is to work closely with an experienced legal professional and communicate with transparency and honesty.

Claimant-Attorney Duties and Responsibilities

Remember to talk to your attorney about duties and responsibilities on both sides.

For example, you'll have to discuss how much you expect to be involved in the process, how much communication you expect from your lawyer, and more.

Additionally, your attorney should:

  • Answer your questions and inform you of the process
  • Negotiate with the defendant's lawyers
  • Represent your interests at mediations, hearings, arbitrations, oral arguments, and more.
  • Assist you in claiming, receiving, and managing your benefits.
  • Communicate with your supervisors, managers, and others involved in your case.
  • Help you gather and organize your evidence and testimonies for your case.

Talking to Other People

In legal cases and court proceedings, it's crucial to know precisely who you should and shouldn't speak to.

For example, you must see a doctor as quickly as possible to obtain evidence of your injuries and to get the proper medical care. You should communicate clearly and honestly with your doctor to obtain the best care.

However, it would help if you refrained from sharing details of the accident with anyone else before speaking with your lawyers.

A lawyer can help you discern responsible parties and make the right decisions.

Wrapping Up

Worker's compensation cases can be complicated. Remember to be open and communicative with your lawyer throughout the proceedings.

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