The legal process of filing a workers’ compensation claim can be challenging for any individual injured in the workplace, and they’re often looking for a competent lawyer to guide the way. While you might be confident in your abilities to do right by your client, it never hurts to make sure you have all the facts for the best chance of winning your case. You can never guarantee a win for your workers’ compensation clients, but you might improve their chances of success by doing some of the following things.
Gain Access to Witness Statements
Not every workers compensation claim is straightforward, and some clients find themselves up against employers who aren’t compliant throughout the process. They might even claim that the accident or incident was the fault of the employee rather than something the workplace might have been able to prevent.
By obtaining witness statements, you might be able to avoid a ‘he said, she said’ situation that adds very little weight in determining fault. Witness statements can come from anyone in a workplace that saw the incident or other encounters that are being disputed. However, if you have the choice, compose a written statement over an oral one, since memories can fade with time.
Encourage Proper Medical Treatment
Your client likely wants to do all they can to win their case, but they may not realize what they aren’t doing might impact the outcome. For example, if they fail to seek medical treatment after the incident or follow the doctor’s orders for recovery, their situation may seem less severe from the outside than it is.
The employer and their legal team may believe that your client exaggerated their injuries and doesn’t require workers’ compensation. Your job to prove otherwise may then be much harder, making it crucial to encourage proper medical treatment as your workers’ compensation claim gets underway.
Gather Supporting Evidence
You won’t find a list of the required evidence to win a workers’ compensation claim for your client, but having an abundance of strong evidence may improve your chances. Alongside witness statements, you might also like to work with your client to find video footage from CCTV cameras and other evidence like injury and scene photos, and medical records. The more information you have to support your client’s version of events, the more likely you might be to experience success in the courtroom.
Ask for Help When You Need It
You might be a competent workers’ compensation lawyer, but some cases can benefit from a fresh pair of eyes. One of the best ways you can help your client win their case is by allowing others to step in if their expertise could work in your favor.
Sometimes, you might need someone to review evidence, or you believe there’s something you might be missing to give your workers’ compensation case the ultimate edge. It might even be a simple case of knowing someone in your law firm has dealt with a similar matter, so they might have insight that you don’t.
There are no guarantees that you’ll be able to secure a win for your client, but you can certainly put yourself in a desirable position for that outcome. Any of these tips above might be helpful for creating a solid case that gives your client the best chance of success.
