Why Hire an Experienced Workers’ Compensation Attorney?

It’s natural to look to an expert when we want something done right the first time. Often, those things that require a high level of experience and expertise to accomplish aren’t the things that just anyone can do. Rather than risk doing the job ourselves when we don’t have the proper knowledge or skill, we turn to an expert, whether it’s your physician, car mechanic, massage therapist, or attorney.

There are often many sub-specialties within a general profession. For instance, a physician might be a general practitioner, or they might specialize in sports medicine, cardiac medicine, or immunodeficiency diseases. The same holds true with attorneys. There are attorneys who specialize in criminal defense, estate planning, personal injury, and many other areas of the law. And there are attorneys who specialize only in handling  workers’ compensation cases.

An experienced workers’ compensation attorney has the legal knowledge that’s necessary to help you get the results that you want, need, and deserve if you’ve been injured in an accident on-the-job. However, legal skills are only one aspect of the benefits you’ll receive from hiring an attorney who specializes in the handling of workers’ compensation claims. In this article, we’ll discuss some other benefits that may not be immediately obvious to someone looking for an attorney to handle their workers’ compensation case.

Accurate Assessment Based On Experience

One of the greatest benefits of hiring an attorney who specializes in workers’ compensation law is that they can look at the facts of your case and give you an honest, professional assessment of your claim. This assessment will not only be based on their knowledge of this particular type of law but will also be based on their years of experience that they have in handling workers’ compensation cases. This experience can be invaluable to you and your case, as it will enable you to stop worrying about the “what ifs,” knowing that you have someone experienced on your side to assist you through the process so that you can begin concentrating on trying to fully heal from your industrial injuries.

A professional assessment will generally give you a better understanding of what to expect in your claim, as well as explain the entire legal process that’s involved in a workers’ compensation case from start to finish so that you know a little about what to expect based on the issues involved.

No Out-of-Pocket Fees for Legal Representation

It is customary for a workers’ compensation attorney to get paid on what is known as a contingency fee basis. Essentially the fee that they are paid for representing you (which is a percentage of the value of the benefits recovered) comes directly out of the compensation they are able to recover for you. If they are unable to secure any compensation for you, then under that circumstance you owe them absolutely nothing in fees for they work performed on your behalf. And when they are able to secure compensation for you, again they are paid a percentage of what you receive in your settlement.  It is also important to keep in mind in these types of cases, that any attorney’s fees a workers’ compensation attorney may be entitled to, have to be approved by a workers’ compensation Judge as being fair and reasonable.

This is helpful for you to know, because right now, you’re probably facing a lot of financial stress. You’re likely out of work while you recover from your injuries, so you’re losing wages which are probably not being completely covered by any benefits you are receiving,  as well as possibly having to deal with the cost of medical treatment bills if your claim has been denied, or even if accepted with trying to get the medical treatment needed to try and recover from your injuries. Not having to pay an attorney up front or on an hourly basis out of your own funds at a time like this, goes a long way towards easing the financial burden.

Workers’ Compensation Law Complexity

California’s workers’ compensation laws were created to protect employees like you when an on-the-job injury occurs. But they are by no means simple laws to understand, and there are lots of complex procedures, policies, and statutory requirements that must be followed if you are to obtain the benefits that you are potentially entitled to. Miss one step, or a few and your chances of receiving the benefits can be delayed, adversely affected or may be gone – sometimes permanently.

A simple mistake in paperwork or process can sometimes also reduce the amount of benefits you receive for your injuries, or cause your claim to be rejected/denied entirely. A workers’ compensation attorney with many years of experience under their belt has the knowledge necessary to try and help you avoid mistakes like these that can affect your financial livelihood and future. Attorney Todd Tatro has over three decades of workers’ compensation law experience and is a certified specialist in workers’ compensation law by the State Bar of California, and he’ll use that experience to try and make sure that you receive the compensation that you deserve, and that your rights to workers compensation benefits are protected.

Evidence Handling, Preservation, and Presentation

While California’s workers’ compensation laws attempt to simplify the process of obtaining the benefits that you’re entitled to, the process is far from automatic. Your attorney must prove that you were injured while working in the course and scope of your employment and that your injuries are serious or severe enough to warrant entitlement to compensation. Much of this proof will come in the form of documentation by medical doctors and specialists, and possibly from testimonial evidence, as well as the underlying facts of your case.

A skilled workers’ compensation attorney will know exactly how to gather, preserve and try and characterize the evidence that establishes your claim, which is central to you obtaining any compensation or benefits that you may be entitled to. They will be skillful in presenting this evidence to your employer’s insurance company, knowing that the stronger the evidence, the greater the chance of a favorable settlement or outcome.

Impartial Analysis

After you’ve been injured in a workplace accident, you are very likely in so much pain, and under so much financial stress, that you can’t think clearly or objectively about your situation. You might be looking at weeks, months, or years of physical rehabilitation/medical treatment depending on the nature and extent of your industrial injury or injuries. In some cases, the injured worker may never recover fully to what they were before the accident occurred. That is a lot to handle, and because of this great emotional investment, you’re not always the best person to handle your claim.

An experienced workers’ comp attorney such as Todd R. Tatro, will be able to objectively analyze your case without the emotion bias that you might have because of what you have gone through and, and be able to advise you as to the potential issues or outcomes so you will have a better understanding of what you are dealing with in your case.   If retained, such an experienced attorney will assist you in addressing and dealing with the issues involved as they arise in order to move your case towards settlement or litigation. In addition, they will be brutally honest with you about what to expect based on the issues involved, and when such issues might arise.  This in turn, will give you a better understanding of such issues so that you understand the factors involved and be realistic about your case and and potential outcomes.

Communicating with Lawyers and Insurance Companies

An experienced workers’ compensation attorney is the best person to communicate with other lawyers and the insurance company that is responsible for addressing and/or paying out your claim. Why is that? Well, despite what you think, your employer’s insurance company doesn’t have your best interest in mind. If there is an opportunity to pay less in compensation to you, they’re going to take it.

An attorney who knows workers’ compensation law will be proficient in communicating with insurance companies, and they’re very familiar with the tactics that the insurance company’s lawyers will use to try and deny or devalue your claim or rights to workers’ compensation benefits. They’ll know exactly how to counter these tactics to try and get you all the compensation you’re entitled too.

Attorney Todd Tatro would like to invite you to contact his office if you’ve been injured in an on-the-job accident and you need experienced, skilled legal representation to handle your claim. You can contact Mr. Tatro’s office by phone at (559) 431-0123, or through his online contact page.