A Guide To What A Worker’s Compensation Lawyer Does and Much More
What does a worker’s comp lawyer do? We will get to that after we explain a few things about a worker’s compensation case first.
It usually happens when someone suffers an accident at work. The types of accidents can range from a slip and a fall to a broken arm. The type of settlement the person can get depends on the severity of the injuries.
The Law
Some cases are more severe and specific than others. The more specific and severe the injury, the more money the person could receive.
Three Laws That Relate To Worker’s Comp Specifically
1) The Federal Employees Compensation Act
2) The Jones Act
3) The Longshore and Harbor Workers’ Compensation Act.
FYI #1
It is important to clarify independent contractors, and those who are self-employed are not, generally, going to be covered under those laws. It will take a very unique case to qualify for a fair settlement.
What Are The Main Duties Of A Worker’s Comp Lawyer?
Some think that the main goal is to represent the defendant, making sure they remain sane during the claim process. That is why you see on tv, after all. There is much more to a lawyer’s job.
1) They gather every piece of evidence they can get their hands on. There is a lot of research and analysis that happens all day, every day.
2) Each lawyer, no matter what side they are on, has to get a deposition from everyone, including potential witnesses, the other party involved, and the medical doctors doing the exams.
3) Your lawyer has to do an endless amount of research. That includes staying on top of the case and the law.
4) You need to talk to the judge if one is needed. You are also responsible for drafting the necessary paperwork. There is a lot of reading and writing involved with being a lawyer.
FYI #2
One reason that some of these cases do not get settled is due to a lack of evidence. It is your lawyer’s job to make sure that does not happen. Every bit of evidence has to be concrete and comprehensive as possible. The more comprehensive, the better your case has a chance of winning.
Claimant Attorney Duties
You are there to guide your client through the process and answer any questions they might have. Your job is to get your client a good settlement.
Defendant Attorney Duties
You are there to side with the company and insurance company. Your goal is to make sure the settlement benefits your side, and not the claimant.
A good worker’s comp lawyer, no matter which side you work for, should have good litigation, communication, and analytical skills.
