Jul 11, 2019
Why Would a Workers’ Compensation Case Need to Go to Trial?
Although workers’ compensation is a legal matter, the majority of claims are resolved in informal negotiations. During the negotiation process, attorneys are often present, but these meetings are not nearly as involved as court proceedings. Some workers’ compensation claims can be settled simply by discussing terms, and the interested parties reaching an agreement.
Of course, an agreement is not always attainable. Mediation proceedings often result in a solution, but there are some workers’ compensation cases where compromise is not an option. When a resolution seems impossible to reach and neither side will budge, a case may have to move on to trial.
Your Employer Believes Your Injury is not Work-Related, or is Exaggerated
The purpose of settlement negotiations is usually to determine a just compensation amount, but if your employer’s insurance company feels they have a reason to deny your claim, mediation may be a little more complex. For example, any opposition regarding the work-related element of your injury, or its severity, could lead to discussions of the merit of your claim. If your employer does not sway or does ultimately deny your claim, a trial could be necessary.
The Insurance Company is Not Offering Just Compensation
The failure to settle a workers’ compensation case may be as simple as an inadequate offer from your employer’s insurance provider. The purpose of the negotiation process is to get the benefits you deserve, but many injured workers choose to settle their claim (even if the amount is not as much as they wanted) just to avoid going to trial. To recover the compensation you deserve, it is crucial not to take an unfair settlement — our lawyers can help.
Hiring an attorney is an essential step following an on-the-job injury. Contact Hansford McDaniel LLC to schedule a free case evaluation with our lawyers. Send us a message or call 770-922-3660 to get in touch.