If you have suffered an injury recently at work and you are looking forward to filing a compensation claim, you would probably have many unanswered questions regarding what to expect regarding the trial process. But the main question people ask is, do all workers comp cases end in a settlement? How often do workers comp cases go to trial? The truth is a good number of workers comp cases end in a settlement, and in a case like this, the injured worker is going to end up collecting a lump sum amount of money.
An injured worker’s settlement amount would receive compensation covering up the cost of the present and the future regarding the injured worker’s medical bills. The injured worker, in this case, might be suffering from a temporary or permanent injury, partial or total disability. If you are new to filing compensation for an injury suffered at work, you might wonder how much you will get as compensation and how often workers comp cases go to trial.
How Often Do Workers Comp Cases Go To Trial
According to a recent survey, approximately five percent of all workers comp cases will go to trial. This happens mostly if the injured worker and his lawyer are not pleased with whatever the other party has or offers a settlement. In other cases, the defendant’s insurance company might deny the injured worker’s claim, which would prompt the injured worker and his lawyer to prepare their case for trial. With that being said, you have to be prepared before heading to trial.
A couple of factors come into play if an injured worker wins a workers comp case in court. These odds or factors would help in boosting your chances of winning a workers comp case if the case gets to trial. Check out these factors below;
Factors That Affect The Odds Of Winning A Workers Comp Case
Make Sure You Report Your Injury
Once you suffer an injury while working, make sure that you call your employer’s attention and report the injury you have suffered.
Get Medical Attention Immediately
After suffering an injury at work and reporting the injury to your employer, you should not delay getting medical attention for your injury. While you are at the doctor’s place, make sure you explain in detail what really led to the injury and how it happened precisely. Ensure that all of your doctor’s instructions and recommendations are followed precisely, even if it means resting the injured body part or getting therapy.
Consult An Experienced Workers Comp Attorney
Technically, there isn’t a requirement asking for an attorney to be at your hearing, but if you want your case to have a strong backing and also come out successful, then you must have one by your side. The purpose of the hearing is to convince the judge that you deserve the worker’s comp benefits, so it is essential that you have someone skilled and who would help you win your case. Consult an attorney before going to trial today.
The fact is taking a workers comp case to trial is very stressful for both parties. This also comes right on top of whatever stress the injured person has gone through already, and just as we stated earlier, a lot of workers comp cases can get settled out of court. So if you want to settle a workers comp case out of court, below are some key factors that you should carefully consider so both parties can reach an agreement.
- If you are injured, make sure you have an attorney present when the insurance company tables a settlement offer. The insurance company would either accept or deny your demands or improve their own offer. Still, settlement negotiations will go on until both parties can agree.
- The settlement amount that you would be offered would depend on a couple of factors, but these factors should not be limited to the circumstances surrounding your injury, your work duties, and also your medical records.
- After an agreement has been reached between the two parties, the settlement amount needs to be sent to the worker’s compensation commission for it to get approved. This is for the settlement agreement to be reviewed and ensure that it is free from any error.
Finally, if your case is well presented as the injured person, there would be no need for trial. The defendant might have a lot to lose if the case ends up in a trial.