The key to getting fair compensation for your personal injury or workers’ compensation claim is having the right lawyer on your side. After an accident or injury in which you were not at fault, it is advantageous to meet with a lawyer right away to understand your rights and know what kind of claim you should file.
No matter how straightforward your case may be, you’ll still likely run into some legal challenges, such as having your claim denied the first time it is filed. Such a snag could entangle you in lengthy and expensive appeals processes for years. To prevent such complications, you want an experienced legal team on your side to help you anticipate and tackle the potential difficulties of claims filing and adjustments. And one of the first questions is determining whether your situation calls for a personal injury or workers’ compensation claim.
The Difference Between Workers’ Comp and Personal Injury Claims
Whether your injury resulted from a workplace incident or an accident involving another party, you have options for seeking reimbursement depending on your unique situation. Workers’ comp and personal injury claims are similar in many ways, but they differ on a few points. For instance, workers’ comp pays for injuries incurred on the job or at your place of work, and personal injury claims apply to incidents outside of work. Also, workers’ compensation claims don’t typically allow you to request compensation for pain and suffering, but in personal injury cases, this is possible. With a workers’ comp claim, you are generally restricted to medical bills, disability payments and reimbursement for lost wages and medical expenses.
However, the exceptions and requirements are not always so straightforward. To know which option is best for you to pursue, it is a good idea to speak with a personal injury attorney who also handles workers’ compensation claims.
What Happens After Filing a Personal Injury or Workers’ Comp Claim?
Your attorney will file your personal injury or workers’ comp claim. After this happens, they will conduct a thorough case evaluation to review the medical opinions and other facts relevant to your case. Then, if appropriate, they will talk with you about settlement possibilities.
Suppose your personal injury or workers’ comp claim does not culminate in a settlement right away. In that case, lawyers from both sides will engage in discovery and depositions, which is the process of exchanging information and disclosing facts. During this period, either or both lawyers may file motions to limit the issues addressed in court, object to the presentation of certain pieces of evidence, or request a dismissal of the case. Your attorney might suggest mediation or arbitration to settle out of court. If you are unable to reach a settlement, going to trial is typically the next step.
What Paperwork Do You Need for a Worker’s Comp or Personal Injury Case?
Generally, there is no such thing as too much paperwork when it comes to documenting your personal injury or workers’ compensation claim. When in doubt, hold onto every record. It is best to keep all paperwork so that your lawyer and their paralegal staff can organize your paper trail into a coherent and clear narrative. Every bit of paperwork you retain could strengthen your case.
As a rule of thumb, keep receipts for every financial transaction related to your case, such as payments for medication and co-pays for doctor visits or specialist appointments. Documentation should also include logs of when you notified your employer of your injury, the date of their written response, and what the response includes. Keep track of time missed from work, too. Also, save all correspondence you send and receive, including emails between yourself and your employer, insurance companies, or the other party. Try to find any documentation of prior medical care, especially if your new injury has aggravated a previous health issue or arises from a condition for which you have already had treatment.
Guidance Through Your Personal Injury or Workers’ Comp Claim
The attorneys here at Clements, Taylor, Butkovich & Cohen, LPA, Co., have the skills and experience to help you understand and navigate the claims process for either a workers’ comp or personal injury claim. The members of our legal team work hard to help clients like you understand the complicated and unpredictable legal hurdles pertaining to your case. Working with one of our attorneys also means you will never get sugarcoating or vague legalese. Instead, you will always know where you stand with your claim and receive the facts in a straightforward manner. When you’re dealing with a personal injury or workers’ compensation suit, your lawyer should also be approachable, friendly, and ready to assist you and your family.
If you want to minimize the hassles that often come with filing workers’ comp or personal injury claims and applying for benefits, consider hiring a Cincinnati attorney specializing in worksite accidents and personal injury to get the settlement you deserve. You can make an appointment with an attorney at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., to get answers to all your questions. Our team of Cincinnati injury lawyers can help you determine whether it’s best to file a workers’ compensation or personal injury claim in your situation. A lawyer can also walk you through the claims process and discuss which channels you may be eligible to receive reimbursement through. Your initial consultation is always free, and the Cincinnati legal professionals on our team will happily assist you in navigating the processes you will need to take to receive compensation.