A Work Related Personal Injury Lawsuit

By Bob Dill

A work related personal injury lawsuit is quite different from a personal liability injury lawsuit. Because of the high incident rate of fraudulent claims, it has become more difficult for many workers to collect a reasonable settlement from their insurance carrier. Each state has varying laws, and some states have very strict laws that you will have to abide by.

Even for seemingly minor or straightforward injuries you should at least consult with an attorney in order to understand the possibilities that might unfold for you. Many lawyers will offer you the consultation and stay in the background until it is time for you to actually need their representation. You can still ask them questions, you just are not considered to be represented by counsel until a later date.

Many states will restrict your right to sue another employee of the company should the accident be someone else's fault. Thus, if the negligence of another employee caused your injury you will not be able to file a lawsuit against them. You will still be able to receive your benefits and if necessary sue the insurance carrier of the company that you work for.

Expect delays and expect that there will be tactics to interfere. This is when the presence of a lawyer is most beneficial to you. After a specified period of time most employers can insist on a second opinion. Very rarely will this second opinion concur with the first opinion.

This is an evaluation by another physician that is retained by the insurance company for their service. It's up to you whether you want to read between the lines, but you should consult your attorney and bring a witness to that appointment as well as to your treating physician's appointment.

Some states have set forth mandates for a work related personal injury lawsuit that require you to be at least 50% disabled before the state can take over or you can be awarded a lifetime settlement. Settlements could cover your living expenses for about a year to eighteen months if you have not been able to work for an extended period of time.

These are stressful cases because the company you work for and their insurance carrier assumes fraud in some cases. Having a well qualified lawyer present will help relieve a lot of that stress. The insurance company can't afford to make it easy. You can't afford to give up. It can be a long process that leaves you feeling violated in some way. The better your attorney is, the more you will be relieved of feeling violated and the bigger your settlement will be. - 31397

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