Deciding to File a Charleston Workers’ Compensation Lawsuit

After sustaining an injury while working, it could be frustrating to receive a less-than-needed offer of compensation from your employer’s insurance company. When this happens, you may wish to consider your options and hire a workers’ compensation lawyer who could help you fight for your compensation. Deciding to file a Charleston workers’ compensation lawsuit is nothing less than stressful, so when you do decide to press forward, it may be best to have a caring attorney represent your claim.

Why File a Workers’ Compensation Lawsuit

Most of the time, what influence an individual to decide to file a Charleston workers’ compensation lawsuit is the unwillingness of insurance companies to pay the proper amount of money to resolve a claim. This could mean that the insurance company is not willing to pay victims enough money for their past lost wages or their future lost wages, for their past medical bills or their future medical bills, or any combination of these issues.

Motivators could also stem from non-economic damages, such as a company refusing to compensate a victim for loss of consortium. An example of consortium would be if an individual’s injuries prevent them from maintaining their yard. Because of this, the spouse how to step in and do it. Therefore, the spouse could file a separate claim.

In workers’ compensation cases, quantifying the value of the damages is critical. To do this, attorneys may use a vocational expert with regard to the ability to return to work and an economics expert to discuss past and future wage loss. Whenever the expert witness is needed to help document and prove those damages, they are called in and assist in determining the value of a case. If the insurance company is unwilling to see the value to the case or thinks that it is worth less, attorneys often recommend that the claim holder should move to trial.

Causes of Action for a Workers’ Compensation Case

From a workers’ compensation standpoint, the cause of action is simply that victims have an injury by accident arising out of and in the course and scope of their employment. Each of those terms has a whole body of statutory and case law that defines what it means. In third-party cases, causes of action might include a driver failing to yield the right of way, failing to keep a proper lookout, failing to use the ordinary prudence that a reasonable person would use in proceeding to operate the vehicle, and subsequently causing harm to another. Every case is different. Depending on the type and mechanism for injury, a case could be built around that specificity. But in every case, a lawyer would want to plead every possible way that the at-fault party is responsible and that the damages sustained by a victim require fair compensation.

Call About Deciding Whether to File a Charleston Workers’ Compensation Lawsuit

Deciding to file a Charleston workers’ compensation claim is no easy task. There are benefits and risks associated with doing so. However, if you find yourself not receiving the compensation you need from an insurance company after an on-the-job accident, you may wish to hire an experienced attorney who could help you fight for the compensation you need. When you are ready, contact an attorney who could put your needs at the forefront of your claim.


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