When you’re injured at work, you might feel pressure to accept the first settlement offer that comes your way.
According to an attorney at Cohen and Winters, while settling can be appropriate in some cases, there are several compelling reasons why taking your workers’ compensation case to trial might be your best option.
Article Contents
Understanding Your Rights and Full Compensation
One of the primary reasons to consider going to trial is to ensure you receive full compensation for your workplace injury.
Insurance companies often present initial settlement offers that fall significantly short of what you deserve.
These offers might not account for ongoing medical treatments, future complications, or the full extent of your diminished earning capacity.
The discovery process during trial preparation allows your legal team to thoroughly investigate your case, gather essential medical documentation, and build a comprehensive understanding of how your injury impacts your life.
This detailed examination often reveals additional compensation you’re entitled to that might have been overlooked in early settlement discussions.
Long-term Medical Implications
Workplace injuries can have lasting effects that aren’t immediately apparent. Rushing to settle before understanding the full scope of your medical condition can leave you financially vulnerable in the future.
A trial allows time for your medical condition to stabilize and for doctors to provide more accurate long-term prognoses.
For instance, what might seem like a simple back injury could develop into chronic pain requiring ongoing treatment.
By going to trial, you ensure that future medical expenses are properly considered in your compensation package.
This is particularly crucial for injuries that might require multiple surgeries, extensive physical therapy, or result in permanent disabilities.
Establishing Precedent and Workplace Safety
Taking your case to trial can help establish important legal precedents that protect other workers in similar situations.
While this might not directly benefit your immediate situation, it contributes to safer workplaces and clearer legal standards for future cases.
Insurance companies and employers often modify their practices when faced with trial outcomes, leading to improved safety protocols and fairer treatment of injured workers.
Holding Employers Accountable
When workplace accidents result from negligence or safety violations, going to trial sends a strong message about accountability.
It forces employers to address dangerous conditions or inadequate safety measures that might otherwise continue to put other workers at risk.
The public nature of a trial can also motivate other companies to proactively improve their safety standards.
Maximizing Benefits and Coverage
Workers’ compensation benefits extend beyond simple medical expense coverage. A trial allows for a thorough examination of all available benefits, including:
- Temporary total disability payments while you’re unable to work
- Permanent partial disability compensation for lasting impairments
- Vocational rehabilitation services if you need to change careers
- Cost of living adjustments for long-term benefits
Many workers don’t realize they’re entitled to these additional benefits when they accept quick settlements.
Through the trial process, expert witnesses can testify about your occupational limitations and future earning capacity, helping to secure comprehensive compensation packages.
Addressing Disputed Claims
Sometimes employers or insurance companies dispute the connection between your injury and your work activities.
The might claim your condition existed before the workplace incident or resulted from non-work-related activities.
In these situations, a trial provides the formal setting necessary to present medical evidence, expert testimony, and witness accounts that establish the work-related nature of your injury.
The Role of Medical Evidence
During a trial, your attorney can present detailed medical evidence from multiple healthcare providers.
This comprehensive approach helps establish the full extent of your injuries and their impact on your ability to work.
Medical experts can testify about your treatment needs, projected recovery time, and any permanent limitations you might face.
Protecting Your Employment Rights
Going to trial can also help protect your employment rights. Some workers face subtle pressure to return to work before they’re medically ready or experience discrimination after filing a workers’ compensation claim.
The trial process can address these issues and ensure your rights under employment law are protected alongside your workers’ compensation benefits.
Time for Proper Case Development
While settling quickly might seem attractive, rushing the process often leads to inadequate compensation.
The trial preparation period allows time to:
- Gather all relevant medical records and expert opinions
- Document the full impact of your injury on your daily life
- Calculate accurate projections of future medical expenses
- Assess the long-term impact on your earning capacity
This thorough preparation often results in stronger cases and better outcomes, even if the case ultimately settles before the trial concludes.
Strategic Considerations
While going to trial involves more time and effort than accepting a quick settlement, the potential benefits often outweigh these considerations.
Insurance companies sometimes increase their settlement offers significantly when they see you’re prepared to go to trial and have built a strong case.
Making an Informed Decision
The decision to go to trial should be made carefully, with full understanding of the process and potential outcomes. Consider factors such as:
- The strength of your medical evidence
- The clarity of the connection between your work and injury
- Your financial needs and ability to wait for resolution
- The difference between the settlement offer and your expected trial outcome
Conclusion
While not every workers’ compensation case needs to go to trial, understanding the benefits of trial can help you make an informed decision about your case.
The formal trial process often results in more comprehensive compensation packages that better reflect the true impact of workplace injuries.
Whether you ultimately go to trial or settle, being prepared for trial puts you in a stronger negotiating position and helps ensure you receive fair compensation for your workplace injury.
