Many people incorrectly assume that it’s not worth going through the process of filing for and hoping to win a workers’ compensation award because they assume the odds are stacked against them. While it’s true that insurance companies didn’t become profit giants by paying out every single claim that comes across their desk, a workers’ compensation claim is a lot easier to win than a standard personal injury case.
During a personal injury case, you need to prove that another party contributed to your injury and that they should be held responsible. With a workers’ compensation case, you only need to prove that you suffered injuries during the normal scope of your work duties and that you did not intentionally inflict the damage. If you can do this, you stand a good chance of winning an award.
Odds Of Winning And How To Improve Your Odds
You may be surprised to learn that the vast majority of workers’ compensation claims in Minnesota get paid out. According to the most recent statistics, 89 percent of all work injury claims in Minnesota are approved, meaning only about one in 10 are denied. And even if they are denied, we have ways to fight back against a wrongful denial.
However, just because the majority of claims are approved does not mean you should just wing it and file the paperwork on your own. All it takes is one missed form or one mistake along the way to tank your claim or earn yourself a fraction of what you’re truly owed. So how can you improve your odds of winning your case? Here are some steps to consider:
1. Hire a Lawyer – If you want to ensure that everything is done by the books and that you’ve made a strong case that accounts for every factor and expense, hire a lawyer. As we’ve talked about on the blog in the past, a lawyer only takes a small portion of your award, meaning you only owe if you win. There’s almost nothing to lose and a lot to gain by hiring a lawyer, and oftentimes they can pay for their services and then some by maximizing your award amount.
2. Evidence Collection – If you have witnesses that can back up your claim, or there is video evidence that shows the accident, make sure your lawyer has access to these sources. When you have more than just your word, it’s much easier to win an award. Use these witnesses to prove your claim.
3. Report It Right Away – One of the most common reasons for denial is because the insurance company believes that the injuries may have occurred outside of work. If you wait a few days to report your injury, it gets tougher to prove that the cause of injury happened at work. Report your injuries to a manager or file an injury report with HR on the same day that the accident occurred.
4. Get A Medical Evaluation – Most insurance companies won’t offer a fair payout unless you can point to clear injuries. They don’t just want to know that your back hurts, they want to know that you suffered a herniated disc and will need six weeks of physical therapy. Get a medical evaluation to document the extent of your injuries and to prove they exist as soon as possible after a workplace accident.
5. Be Honest – Finally, be honest with your lawyer about the extent of your injuries and how it happened. You can still collect workers’ compensation even if you are the direct cause of your injuries. If you fell off a ladder because you were leaning too far to one side, or you weren’t looking where you were going and you tripped, don’t try to hide those facts. As long as it wasn’t intentional, you can still collect compensation. But if it turns out you were lying, your claim can be denied. Be open and honest with your lawyer to help improve your chances of winning your case.
If you need help preparing your case or filing a claim, reach out to the experienced lawyers at Hey Workers. We’ll do everything in our power to help you get what you deserve. For more information, contact our office today at (844) 439-9675.
