How Often Do Workers’ Compensation Cases Go to Trial?

If you are injured on the job – or suffer a work-related illness – you need workers’ compensation to help you on the journey toward reaching your fullest recovery. Many claimants, however, are concerned about going to trial – and when you’re watching your medical bills mount while your earnings stall, it’s only natural to be concerned. Going to court is not something that anyone looks forward to, and in your vulnerable position, it can be downright terrifying. The truth is, however, that the vast majority of workers’ compensation claims are settled out of court, and yours is very likely to do the same. If you have been injured on the job, however, it’s time to consult with an experienced Myrtle Beach workers’ compensation attorney.

Workers’ Compensation Insurance

Workers’ compensation is a federally mandated insurance program that is run separately by each state and is intended to cover employees who are injured on the job or who acquire work-related illnesses. Workers’ compensation is no-fault insurance, which means it applies regardless of whose negligence caused the accident, and it is intended to balance the rights of both the employer and the employee. The injured employee can move forward with filing for compensation, and the employer generally doesn’t have to worry about having multiple injury-related lawsuits hanging over its head. While workers’ compensation claims are often complicated and receiving the compensation to which you are entitled can be challenging, most do not go to trial. If, however, the insurance provider refuses to process your claim in good faith, your dedicated workers’ compensation attorney may advise you to address the matter by moving forward with a hearing – in fuller pursuit of just compensation.  Workers’ compensation insurance provides coverage for all the following damages (or losses associated with your work-related injury or illness):

  • The medical expenses you incur
  • Your lost earnings (at a specific percentage of your gross income)
  • Assistance with medical and vocational rehabilitation benefits (as applicable)
  • Benefits for survivors

Protecting Your Claim

While your workers’ compensation claim will be unique to you, your job, and the circumstances involved, there are certain things you can do to help protect your claim from the outset:

Seek Medical Attention

Seek the immediate medical attention that you need. While your workers’ compensation claim is important, your health is more so, and the fact is that they are intertwined. Early diagnosis and treatment are so closely associated with an improved prognosis that obtaining the medical attention you need when you need it is paramount.

Report Your Injury

It is your obligation to report your job-related injury to your employer, supervisor, and/or boss as soon as you are able to do so. If you fail to report within 90 days of being injured, you could lose your benefits.

Follow Doctor’s Orders

Following your doctor’s orders, instructions, and advice is important for both your health and your workers’ compensation claim.

Follow Up on Your Claim

Workers’ compensation claims are complicated, and there are important deadlines and filings involved. Working closely with a seasoned workers’ compensation attorney is the best way to ensure that your claim proceeds smoothly.

Why Claims Typically Go to Trial

Those claims that do proceed to trial are generally predicated on one of the following (which you largely have no control over):

  • Your employer denies that your injury or illness is work-related
  • The workers’ compensation insurance provider is unwilling to engage in fair dealings
  • The settlement offer is not equal to the damages you’ve suffered

The insurance company recognizes that you may be approaching financial desperation and could be banking on you accepting a lowball offer out of that desperation. Settling for an amount that is less than what you are entitled to is not going to do you or your health any favors. Never accept a settlement offer of this magnitude until after you’ve discussed it with an experienced workers’ compensation attorney who is well acquainted with your case.

An Experienced Myrtle Beach Workers’ Compensation Attorney Can Help

The accomplished Myrtle Beach workers’ compensation attorneys at the Maguire Law Firm dedicate their impressive practice to skillfully advocating for our clients’ rights and for their rightful compensation. We’re on your side, so please don’t hesitate to contact or call us at 843-417-9978 for more information today.


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