5 Things You Need to Do When Preparing for Your Workers Comp Lawsuit
A serious workers comp case means that your employer denied your claim, you experienced a severe enough injury to prevent you from future work, or your benefits don’t seem to cover all of your expenses. That’s when it’s critical to hire an attorney and let him or her get to work on your case.
However, even with an attorney helping you, your workers comp case can quickly overwhelm you. In fact, it’s when you are preparing your case with your attorney that you can often make the most mistakes.
Here are five important things you need to do when preparing for a workers comp lawsuit with your attorney:
- Report your injury on time. You need to report your injury to your employer within 30 days in Georgia and then file a workers compensation claim. You need to do this even if your injury is not that serious. Forgetting these basics means you could ruin your chances of even being able to hire an attorney and build a successful case.
- Make sure you have all basic information gathered together. This sounds obvious, but chasing down basic information wastes valuable time when you should be focused on your case. Make sure you have information such as:
- Your personal information (including addresses and contact information)
- Addresses and contact information for all people and companies involved in your case, including your employer
- Information about your workers compensation—who provides it, contact information, and basic information about your workers comp benefits
- Information about your income that you were earning before your injury
- Collect and provide all details about your injury. You need to get as detailed as possible. Think of yourself like a reporter reporting on your own injury:
- Who was at fault? Who was involved? Who saw it?
- What happened?
- Where did it happen?
- When did it happen?
- Why did it happen?
- How did it happen?
- Gather as much medical evidence as possible. Medical evidence is usually what makes or breaks workers comp cases. The less evidence you have, the more likely you will lose out on getting the benefits you deserve. This evidence includes:
- Any medical records and documentation related to emergency treatment and doctors’ visits
- Any additional physicians’ opinions and analysis of your injuries
- Any prior injuries. If you don’t come clean about prior injuries, the companies trying to deny your claim can use this evidence against you.
- Any physical limitations you now face as a result of your injuries. For example, are you partially or totally disabled? Are you permanently disabled or will you be able to go back to work after you heal?
- Provide any additional knowledge about your company that could help your case. For example, you may have noticed safety violations that went unfixed. Or perhaps your company did not train employees properly about safety procedures. Details like these help establish that the company ignored safety rules and procedures that may have led to your injury.
For a serious workers comp case, an attorney is a must. But that doesn’t mean he or she can do everything for you. Handle the basic legwork and paperwork, write down all of the details about your injury so that you don’t forget them, and collect as much medical evidence as possible. That information ensures your attorney has the best chance of building you a strong case so that you can get full benefits to cover your medical bills and lost wages.
Injured on the job? Need help with your workers comp situation? Call us for a free consultation.