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HOME | FAQ | ABOUT US | CONTACT US | |
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Our seriously injured clients have come to rely on our experience; they trust our judgment. So, we work hard to earn that trust. We are committed to doing everything in our power to get every one of our clients the maximum possible settlement or award. - Howard Spiva |
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FREQUENTLY ASKED QUESTIONS Following are the most frequently asked questions (and answers) about work-related injuries:
Do I need a lawyer? Most workers’ compensation claims are handled appropriately by all those involved (employees, employers, doctors, and insurance carriers.) However, in many instances, due to a lack of knowledge or special interests, injured employees do not get all that they are entitled to. There is a generalization that applies to injured workers getting what they are entitled to. It is “the lesser value the claim (the less serious the injury), the more likely the worker will get appropriate benefits; the greater value the claim (the more serious the injury) the greater the chance the worker will not get all that he or she is entitled to.” If you have a serious work-related injury, it would likely be a good idea to, at a minimum, have a qualified workers’ compensation attorney review your case. A workers’ compensation lawyer may also help you with the following: 1) Avoid Frustration. When you hire an attorney to represent you, you can avoid much of the frustration of completing forms and filing documents, worrying about what information you need to provide (and what information you don’t want to provide), and when and where you need to provide it. Filing a claim can be a confusing and time-consuming process. Your workers’ compensation attorney will act as a buffer between you and the workers’ compensation insurance company’s claims adjusters and bureaucrats. Accident victims can receive a great deal of paperwork from the insurance company — forms, circulars, notices, requests, addendums, affidavits. Oft-times this paperwork is complicated and confusing. What has to be filed? When? Where? Who? Why? How? Your attorney knows and will help to ensure that all of your paperwork is completed and filed correctly, and on time. A missed deadline can be critical to your claim. When you hire an attorney, you benefit from the attorney’s workers’ compensation claims handling experience. 2) Get More of What You are Entitled to. A competent attorney will help you to maximize your claim. Your workers’ compensation attorney will make sure you understand all of your entitlements (wage, rehabilitation, and medical benefits). An experienced workers’ compensation attorney will be able to assess the merits of your case, approximate your case’s monetary value (important element to maximizing benefits), and determine the best strategy for pursing your case. Your attorney may also provide you with a list of free and low-cost community programs designed to support you in a crisis. 3) Higher Settlements and Court-ordered Awards. All else being equal, claims presented by attorneys have a history of getting larger settlements than claims filed directly by claimants.
Why? I can’t say exactly with certainty why represented claimants experience better success than non-represented claimants. There are probably many good reasons. Some of them have more merit than others. Following are some of the reasons that make the most sense to me. Workers' Compensation Attorneys Know What the Insurance Companies are Looking For. Most workers’ compensation claims are won (or lost) based on medical records. The information doctors and other medical professionals provide in these records is generally presented from a perspective that is most useful in treating injuries. However, the workers’ compensation insurance companies are looking for information that can be useful in determining the extent of the injury and how the injury may affect your ability to work. For example, on a claim form, the doctor may state, “patient complains of pain in lower back when lifting — recommend physical therapy and muscle relaxants.” What the insurance companies need to know is whether or not you can lift twenty pounds. While an ethical attorney will never encourage any injured worker to exaggerate or mislead, a competent attorney may be able guide the doctor toward providing the information that is most useful to the insurance company (by knowing which questions to ask and how to phrase the questions). Cost of Litigation. Taking a workers’ compensation case to court costs the insurance company a lot of money — money the insurance company would rather not spend. When you have an attorney on your side that has a history of taking cases to court, the insurance company knows you are serious about your case. The insurance companies are likely to offer more benefits to avoid the expense of going to trial. Relationships. Your attorney will present your claim to the adjusters at the insurance companies. While the adjusters don’t know much about you, they will likely be familiar with your attorney. The adjusters will know whether the attorney has a history of credibility, or a history of untruths and manufactured evidence. If the attorney has a credible history, the insurance companies may give the attorneys’ claims and recommendations more weight in the decision making process. Fewer Errors in Filing. Workers' compensation claims filed professionally are more likely to be error-free. A professional who works with claim forms day in and day out is more familiar with what information is needed and where. Filing requirements can be tricky. Better Presentations. Experienced attorneys know what the insurance companies are looking for. While an ethical attorney would never mislead or exaggerate, the same facts can be presented in a favorable light, or in an unfavorable light. Claims Might be Viewed More Seriously. The insurance companies may view claims filed by attorneys more seriously than other claims. Because most attorneys handling workers’ compensation claims get paid only when their clients win, attorneys are less likely to take cases that don’t have sufficient merit. (Lawyers who accept lots of frivolous cases don’t stay in business very long.) The insurance companies know this so they may view professionally filed claims as having already passed an initial review.
When you hire an experienced and competent workers’ compensation attorney, you can rest assured knowing that your claim will be handled professionally and quickly. Your workers’ compensation attorney will do everything in his or her power to see that deserving people get benefits.
How a Lawyer Can Help You with Your Claim: Every case is different, but some of the things an experienced personal injury attorney can do to help include the following:
With years of experience and dedication to the practice of workers’ compensation law, the Spiva Law Group can safely guide you through the maze of workers’ compensation claims and benefits. Phone: (912) 920-2000 12217 Navajo Road |
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© 2005 Spiva Law Group | home | faq | about us | contact us | Phone: (912) 920-2000 GA Toll-Free: (800) 920-2076 |
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