Workers Comp Attorneys in Omaha
November 3, 2022 | Workers' compensation
Have you suffered an injury in the workplace? Workers’ compensation is a no-fault system established to provide workers with a financial cushion when they have suffered an injury while at work or while carrying out work related duties. Employers in Nebraska are required by law to carry workers’ compensation insurance. This is used to compensate workers when they are injured at work or in the line of duty.
While the workers’ compensation process is designed to be simple, it is by no means as straightforward as many would hope. Many workers find that they are bombarded with complications and challenges that they did not expect when seeking compensation. Many of them feel overwhelmed and some even give up. If you are in a similar situation, you may want to seek the guidance and representation of a workers’ compensation lawyer.
How A Workers’ Compensation Attorney Can Help
Workers’ compensation attorneys are lawyers with vast experience in handling workers’ compensation cases. There are various ways that these attorneys can help with your case.
- They will help you develop evidence
Unlike other personal injury cases, workers’ compensation claims are based on a no-fault system. This means that you don’t have to prove negligence in order to claim compensation. You do however, need to prove that you were injured while at work or while carrying out work related tasks and that these injuries have resulted in damages.
An attorney ill help you develop the evidence required to support your claim. They will develop medical evidence by gathering your medical records. They will also gather opinions from medical experts. They can also recommend physicians for independent medical examinations.
An experienced attorney will also develop other supporting evidence by interviewing witnesses and collecting physical evidence from the scene of the accident. They will also seek out incident reports and other evidence.
- Negotiate on your behalf
Reaching a settlement for a workers’ compensation claim involves a lot of back and forth communication with your employer and their insurance company. Insurance companies aren’t always willing to pay compensation. In fact, they will do what they can to avoid making a loss. Experienced attorneys know this. They also know how to avoid falling into the traps set by insurance companies.
An experienced attorney will be able to estimate the value of your claim correctly. They will determine how much to pursue and fight aggressively to recover just compensation.
- Prepare your settlement agreement
If a reasonable settlement is reached in the negotiation stage, then a settlement agreement is drafted and signed by both parties. However, it isn’t as simple as it seems. It is important to ensure that the wording of the settlement agreement does not have a negative impact on you down the road. For example, if you intend to seek Social Security disability benefits, your settlement agreement could interfere with the process if it is not worded properly. An experienced workers’ compensation attorney will help ensure that your rights and options are protected. They will draft a settlement agreement that takes into account any future avenues for compensation that you may want to pursue.
- Represent you at trial or at your workers’ comp hearing
While most workers’ compensation cases end with a settlement, there are times when a reasonable settlement cannot be reached. In these instances, the claim may proceed to an administrative hearing. In some instances it may proceed to a trial which will be heard by a workers’ compensation judge. In either case, it helps to have an experienced attorney representing you.
Hearings and trials have specific procedures that must be adhered to. This includes the discovery process, deposition of witnesses, writing of pleadings and submission of evidence and other documents to the court. Failure to follow these processes can result in your case being thrown out of court.
An experienced and knowledgeable workers’ compensation attorney will represent you throughout the process. They will handle every aspect of the case and ensure the processes are followed. They will argue your case on your case on your behalf and dispute the case presented by the insurance company.
- Provide advice on third party claims as well as other benefits
Workers seeking workers’ compensation cannot file a personal injury claim against their employer even if the employer was responsible for their accident. They can however, pursue various other benefits including Social Security disability benefits. Workers may also pursue personal injury claims against third parties that may have been responsible for their injuries. For instance, if you were injured as a result of using defective equipment, you can seek compensation from the manufacturer of the equipment.
Were you injured at work or while carrying out work related tasks? You could be eligible to recover compensation for your injuries. An experienced workers’ compensation attorney can help improve your chances of recovering maximum compensation.
Workers Comp Attorneys in Omaha