If you know someone that has been hurt on the job and received worker’s compensation, then you probably believe that getting a settlement for it is the norm. While it is true that most people receive settlements for their worker’s compensation claims, and it is seen as the standard, it isn’t.
In the majority of worker’s compensation cases that involve representation by a lawyer or there is some sort of dispute, a settlement will likely come. Yet, that isn’t always the case. A settlement, especially a reasonable one, is not an entitlement, but rather worker’s compensations settlements occur when two parties mutually agree to settle the case for a certain amount of money so as to not go to court.
However, what happens when your claim adjuster does not want to settle? Perhaps you are unwilling to accept their incredibly low offer or they are just not willing to put a settlement offer out there, what then?
Well, then it is time to go to court, and it is more important than ever to have legal representation. Not only will they help you navigate court proceedings, but they will help you win. Do you know why settlements are so popular that they are practically considered entitlements? It is because the stakes are higher if a worker’s compensation insurance company chooses to go to court. If they win a court case, you get nothing –not medical bill coverage, not lost wage covered, nothing. However, if they lose, you are likely looking at getting a bigger payout than they were ever willing to settle for.
As the stakes are so high, insurance companies rarely want to take a case to court, unless of course, they think they can win. If your insurance company is refusing to settle and are looking to go to a hearing, then there will be a reason that they think there is a high chance that they can win the case. Perhaps they believe that you were actually injured before the work-related accident, and have some sort of medical evidence to back that up, or maybe they think you were somehow intoxicated which would make your claim invalid. Whatever the evidence is, it is usually pretty strong to tempt an insurance company into bringing the case to court.
If they are trying to take you to court and you do not have a lawyer to represent your rights, it is best to get one as soon as possible. Settlement offers typically come in just before a hearing if you have demonstrated that you have competent representation that might completely derail the case they think they have against you. Just the presence of a respected personal injury lawyer could be just the thing to force their hand into a settlement even in early claims negotiations.
If you are unable to resolve your disputes and the case does go to a hearing, then it is in the judge’s hands. However, what happens if you lose? Obviously it won’t cost you anything extra, but you won’t get any coverage. However, the losing party does have the right to file an appeal to the Worker’s Compensation Court of Appeals. Some cases are settled while appeals are still pending, but if that is not going to happen, the decisions made by the Court of Appeals are final, and your last chance to receive compensation for your injury.
If you are in the Mankato area and need a good worker’s compensation lawyer in Minnesota, contact us today. The Law Office of Chesley, Harvey & Carpenter are dedicated personal injury lawyers that specialize in represented Minnesota’s injured workers.
Contact A Mankato Workers' Compensation Lawyer Today
Contact the law office of Chesley, Harvey & Carpenter today at (507) 625-3000 for a free case review. We are located in Mankato, Minnesota.