Why do I need an attorney for my worker’s compensation case if settlements are set by state law?

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Insurance adjuster says you don’t need an attorney

You’ve filed a worker’s compensation claim, and the insurance adjuster says that you don’t need an attorney because you will automatically get a settlement that is set by Indiana Worker’s Compensation state law. Many injured workers hear this from the adjuster, and wonder if it’s true, so they call us and ask for advice. Well, here’s the full truth.

Attorneys can increase the value of your case

Under the worker’s compensation laws in Indiana, there are many opportunities for an attorney to increase the value of your case:

  • if your injury is classified as permanent,
  • if you can no longer work due to the accident, and/or
  • if you will have future medical needs due to the accident.

An experienced worker’s compensation attorney will fight the insurance company to help you get the full compensation you are due.

When you should accept the worker’s comp settlement

In rare instances, the adjuster’s statement is correct.  The value of a worker’s compensation settlement is sometimes based only on a permanent partial impairment rating.  Sometimes, the authorized worker’s compensation doctor assigns you a rating that is fair and correct, and sometimes it’s in your best interest to accept that rating. If you’d like an objective evaluation of your PPI rating, contact us and we will give you our opinion without asking for an attorney fee.

When you should seek the advice of an experienced worker’s comp attorney

In most cases, however, the worker’s compensation doctor gives a low PPI rating and it’s in your best interest to explore other avenues to increase the value of your case.

Keep in mind that the adjuster’s job is to limit the payout. It’s your job is to get a fair settlement. An experienced and honest worker’s compensation attorney has an ethical obligation to look out for your best interest, and is ultimately paid based upon the total amount recovered.  The more the case settles for, the more you get and the higher the attorney fee will be.  Attorney fees are set at 20% of any settlement up to $50,000 and 15% of any money recovered over the $50,000 threshold.

The attorneys at Klemzer Maudlin will always give you an honest assessment of your case without charging you.  If we think we can add value to your case, we will tell you why.  If we think we cannot, we will tell you that also.

Klezmer Maudlin has offices throughout the State.  Our primary offices are in Indianapolis, Lafayette, Evansville, New Harmony, and Jeffersonville/Louisville.  Please feel free to call us.