The Workplace Injury

Despite being retirement age, Lucy Harper worked part-time at a fast food restaurant in order to supplement her social security income. But one day, she tripped over a chair and fell to the floor, breaking her arm near the shoulder. She suffered a painful recovery, and could not return to work due to difficulties in using her arm, including range of motion restrictions.

Note that Lucy’s workplace injury is not unusual. OSHA states “the second-most common cause of workplace injury is a trip or slip hazard that leads to a fall. And 20-30% of workplace falls result in a moderate or severe injury like deep bruising, broken bones, or concussions.”

A Hurdle to Overcome

There are many factors that impact the negotiation of a workers’ comp settlement and its final amount. And each side in a case will strive to support their claim with evidence. In this instance, the Rose Legal attorney argued that Lucy Harper was entitled to permanent total disability compensation: the earnings she would have received at work if she were capable of returning, paid for the remainder of her life. However, the insurance company argued that her arm’s restrictions were simply the result of her arthritis from old age. With the medical records to back this preexisting medical condition up, there was a chance the employer would be able to avoid providing Lucy any further assistance.

A Settlement in Lucy’s Favor

An effective workers’ compensation attorney has to be a skilled communicator, capable of remaining calm yet assertive throughout the back-and-forth of settlement negotiations. For this case, the Rose Legal attorney was able to focus on the goals of the claim and the right evidence in order to guide the discussions to a positive outcome for Lucy. In the end, she received a lump-sum settlement based on her lifetime expectancy, which enabled her to realize the benefits of her workers’ compensation more quickly and conveniently.

The Settlement Negotiation Process

What does the typical process look like for an attorney to negotiate a workers’ compensation settlement? Steps along the way may include:

• Determining settlement goals — It’s important for the injured employee and attorney to discern precisely what financial benefits need to be compensated for in the worker’s case. Then they’ll want to ensure they have all the evidence needed to back up their argument.
• Sending a demand letter — A demand letter to the insurance company’s attorney will describe the worker’s injury and the desired monetary amount to settle the claim.
• Receiving a counter-offer — If the insurance company does not accept the settlement amount, their attorney may make a counter-offer with a lower monetary amount or other terms.
• Continuing communication — The workers’ comp attorney will review the counter-offer with the injured worker, then advise to accept, decline, or negotiate further.
• Reaching an agreement — If both sides manage to agree upon a fair settlement amount, the insurance company’s attorney will write up a settlement agreement. This will be reviewed by your attorney to ensure that all of the necessary provisions and safeguards are included, and make sure you are fully informed before signing.
• Submitting settlement to judge — Once both parties have signed the agreement, it goes to the court judge assigned to the case. Upon approval, the judge will issue an order for the settlement’s payment.
• Receiving payment — The injured employee will receive payment based on the terms of the settlement agreement. The time from reaching an agreement to receiving payment is usually 30-45 days, but can vary based on many factors from the particular case being settled.

The First Step for Your Case

Experienced workers’ compensation lawyers have knowledge of the tactics various insurance companies employ, and are able to plan accordingly for negotiations. An attorney at Rose Legal will focus on your particular interests in the claim and take a proactive approach in ensuring you receive adequate compensation. For a free consultation, call 801-810-7673, or email legal@workcomputah.com for more information regarding the first step to take for your case.

The Workplace Injury

Barry Edmund, a truck driver, was hooking a second trailer to the first, when part of the trailer dolly (the equipment connecting the two trailers) flipped up and pinned his chest to the back of the first trailer, twisting and crushing his back into it. He was able to free himself and finish his run, but the sustained injury to his lower back would eventually require two fusion surgeries.

Getting the Facts Straight

The insurance company tried to fight against Barry’s claim by hiring a mechanical engineering expert to prepare a report about the accident scene. Unfortunately for Barry, this report got certain details of the incident incorrect. It thus became one of Rose Legal’s primary tasks to point out these flaws and have the false records thrown out of court. This required careful investigation to figure out which of the injury details were factual errors. Eventually Rose Legal discerned that the insurance company based their measurements and calculations on the wrong location for the site of the injury. Indeed, the elevation of the road played a critical part in determining the nature of Barry’s injury.

A Settlement in Barry’s Favor

Once the attorney gathered evidence, the case moved forward. By pointing out the mistakes and resolving issues regarding proper notification from the insurance company, Rose Legal was able to get a large settlement for Barry Edmund. At the time, Barry was at risk of losing his house to foreclosure. But thanks to Rose Legal’s efforts to pursue maximum benefits on his behalf, he was able to save his home. The settlement ensured Barry received financial compensation for his time off work, as well as the medical care he needed for a full recovery. Thorough research of the injury, the location of the accident, and any equipment involved were key to winning the case.

Evidence to Help Your Case

What are some other typical pieces of evidence worth looking into for a workers’ comp case? Documentation and other bits of proof for your attorney to investigate may include:

• Medical Records — a doctor’s initial diagnosis, hospital forms, reports from a health specialist, treatment plans, pharmacy receipts, physical therapy records
• Incident Reports — accident reports and any other related documents
• Witness Statements — from coworkers, management, or neutral third parties
• Photographs — of the injury, the scene of the incident, vehicles or items involved in the accident
• Security Footage — if the accident was recorded by surveillance cameras
• Doctor’s Statements — linking the workplace incident to your impairment
• Time Cards — proof you were on-duty at the time of the incident
• Payroll Records — what your expected pay is in relation to your claim
• Maintenance Reports — could provide details that support claim of faulty equipment or previous issues
• Financial Records — medical bills, payroll, receipts of pertinent expenses

Note that the particular facts of your case may determine how important each piece of evidence is to your claim.

If you or a loved one has suffered an injury at work or an illness that is work-related, you can contact Rose Legal to schedule a free consultation. All it took was a quick call/email for Barry Edmund to begin the process of getting the financial compensation he deserved. Likewise, once we have the basics of your case, an experienced workers’ comp attorney will be able to analyze the evidence to present the best case on your behalf.