Things the Wrong Workers’ Compensation Attorney May Not Tell You
You don’t have to retain an attorney if you have a workers’ compensation case. However, it is highly advisable to hire a lawyer to help you with your case. A workers’ compensation lawyer can ensure your rights are protected throughout the entire claims process. An attorney can maximize your chances of getting the full benefits you need and deserve. However, this is only possible if you hire the right workers’ compensation attorney. The right lawyer will tell you things that can enable you to put more money in your pocket. On the other hand, the wrong attorney may not tell you these things. Below, we look at some of the things an inexperienced workers’ compensation attorney may not tell you that you need to know;
#1: You May Have a Personal Injury Claim
Often, workers’ compensation is the only remedy for work-related injuries. However, if a third party’s negligence caused your accident, you may be eligible to file a personal injury lawsuit on top of filing a workers’ compensation claim. For purposes of filing a personal injury claim after a workplace accident, a third party is someone other than the employer. For example, if you were involved in a motor vehicle accident while on the job, the other driver is a third party. If the other driver’s negligence caused your accident, you can file a personal injury claim against them. Other examples of third parties include manufacturers or designers of defective work tools. Often, pursuing a personal injury claim, if you are eligible to do so, is a good idea because these types of claims allow injured workers to recover compensation for pain and suffering. In a workers’ compensation case, you cannot recover compensation for pain and suffering.
#2: Depending on How the Employer Treated You After Your Work Injury, You May Have Employment Law Claims
It is against the law for an employer to retaliate against an employee because they filed a workers’ compensation case. Unfortunately, some employers take workers’ compensation claims personally and retaliate against victims. If your employer retaliates against you because you filed a workers’ compensation claim, you may have an employment law claim. For example, if you were fired, you may have a wrongful termination claim. You may also have a claim if your employer’s actions violated the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or any other employment law.
#3: It Does Not Matter How Negligent You Were
The workers’ compensation system is a no-fault system, so it does not matter how negligent you were. Your negligence cannot decrease the value of your workers’ compensation claim. In that same way, your employer’s negligent acts cannot impact how much money you recover.
#4: You Do Not Have To Settle Your Claim
An inexperienced workers’ compensation lawyer may try to make it look like you must settle your claim. The truth is that you don’t have to settle your case. If you feel the offer is unfair, you have the right to proceed to trial. If a lawyer pressures you to settle your workers’ compensation claim, high chances are they are scared of going to court or want a quick payday.
Contact a Vermont Workers’ Compensation Attorney
Our Vermont workers’ compensation attorneys at Sluka Law PLC are skilled and experienced in helping injured employees recover the benefits they deserve. Contact us today to schedule a free consultation.
