Why Do I Need an Attorney for My Workers Compensation Case if Settlements Are Set by State Law?

Why Do I Need an Attorney for My Workers Compensation Case if Settlements Are Set by State Law?, Klezmer Maudlin PC

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While it’s true that workers’ compensation settlements are typically governed by state laws, the process involved in securing the rightful compensation can be complex and daunting. This is where the expertise and guidance of a workers’ compensation attorney become invaluable.

Navigating the intricacies of workers’ compensation cases involves more than just understanding the statutory guidelines. Attorneys specializing in this field bring a wealth of experience, insight, and advocacy to ensure that your rights are protected and that you receive fair compensation.

One crucial aspect where an attorney’s role shines is in assessing the full extent of your injuries and losses. They work to evaluate not only your immediate medical expenses but also future medical needs, lost wages, rehabilitation costs, and other potential damages. Their expertise enables them to build a comprehensive case that accurately represents your current and future needs, aiming for a settlement that adequately covers these aspects.

Moreover, attorneys skilled in workers’ compensation cases understand the negotiation dynamics and the strategies employed by insurance companies. They act as staunch advocates on your behalf, ensuring that you’re not pressured into accepting a settlement that falls short of meeting your needs. Insurance companies often try to minimize payouts, but having an attorney by your side empowers you with someone who knows how to counter these tactics and fight for a fair resolution.

Additionally, if your case were to proceed to a hearing or litigation, having legal representation becomes even more crucial. An attorney with courtroom experience can navigate the legal proceedings, present your case persuasively, and handle any complexities that may arise during the trial.

In essence, while state laws provide the framework for workers’ compensation settlements, the nuances within these laws and the complexities of each case necessitate the involvement of a skilled attorney. Their expertise not only ensures that you understand your rights but also maximizes your chances of receiving the compensation you rightfully deserve.

Insurance Adjuster Says You Don’t Need an Attorney

You’ve filed a workers’ 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 Workers 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 workers 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 workers compensation attorney will fight the insurance company to help you get the full compensation you are due.

When You Should Accept the Workers Comp Settlement

In rare instances, the adjuster’s statement is correct.  The value of a workers compensation settlement is sometimes based only on a permanent partial impairment rating.  Sometimes, the authorized workers 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 Workers Comp Attorney

In most cases, however, the workers 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 workers 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.