Workers’ Compensation Settlement Too Low? Four Ways to Know.
Four Ways Your Workers’ Compensation Settlement May Not Be All You Are Entitled To Under The Law:
1. Has Workers’ Compensation calculated your pay wrong?
Whether it is for temporary benefits or your final disability award, how your pay is calculated is very important. Workers’ Compensation is paid out based on your “Compensation Rate.” This is sixty-six and two-thirds percent of your Average Weekly Wage in the 52 weeks prior to your injury. This calculation can get complicated if you did not work all 52 weeks with that employer. If your rate was calculated wrong, you may be entitled to back pay for the arrearage and more money in your final award. If you believe you aren’t receiving everything you are entitled to, please contact an experienced workers’ compensation lawyer who can help you check and make sure the calculations have been done properly.
2. After Being Released From the Doctor, Were You Returned to Work?
If you were not returned to full employment after being released by your doctor, you may be entitled to additional benefits. This can get complicated so the best way to make sure you are getting everything you are entitled to is to review your case with an experienced workers’ compensation lawyer. If your injury was so bad that you cannot return to your pre-employment job, there can be more benefits available to you then you might have been initially offered. When you have a serious injury and you can’t return to work, you need to have your case reviewed by a workers’ compensation lawyer immediately.
3. Was The Right Impairment Rating Used To Calculate My Award?
The easiest way to have a low offer is by using the wrong impairment rating. It’s important to double check and make sure the right impairment was used, but it’s also important to make sure that a rating is challenged if it isn’t right. An experienced workers’ compensation attorney can spot when the impairment rating can be challenged to allow you to receive all the benefits you are entitled to under the law.
4. I Have An Impairment Rating, But I’m Still Treating?
If you have multiple injuries from the same work accident that require different doctors, you need to complete all your treatment before settling you case. For instance, if you have both a physical and a psychological injury from the same work accident; both doctors will give you a rating. Again, if this is a serious injury, you need an experienced workers’ compensation lawyer to review your case before you agree to settle.
If you have a serious work injury, you need serious lawyers who know how to win on your side. Call 691-2777 today for your free consultation to be sure you are getting all you are entitled to under the law.
Is This A Good Offer?
Is this a good offer?, is one of the most common questions we get at the Lawyers of Brown and Roberto after a car accident. When you think about it, it’s easy to see why. Most of us aren’t familiar with dealing with an insurance company and when you’ve been injured and your medical bills are piling up, you don’t have time to waist talking with an adjuster. The best advice is to call an experienced lawyer and review your case as soon as possible to avoid any time limits that could negatively impact your case. But, how do you know… is this a good offer?
Five Reasons The Insurance Company Is Not Offering You Enough:
1. Many insurance companies make a small initial offer until a lawsuit is actually filed.
While their first offer is probably not their final offer, some insurance companies will not offer you what they should until you have hired an attorney and filed a lawsuit. The Lawyers of Brown and Roberto will fight to make sure you are receiving all the money that you are entitled to.
2. You may not have provided the insurance company adequate documentation of your injuries.
Insurance adjusters are looking for very specific information. It is important to package that information right so that the pertinent facts stand out. Our attorneys and staff will presented your case to the insurance company in a way that gets the results you are looking for as quickly as possible.
3. The adjuster does not know about all of the damages that you are claiming.
The easiest way to be sure you aren’t being offered enough is to not include all of your damages. Did you miss time from work? Did you have out of pocket expenses? Not knowing what to ask for will affect what you get for your injuries. The Lawyers of Brown and Roberto will review your case with you and make sure that your losses are properly documented so you can get the recovery you are entitled to under the law.
4. The adjuster may assume that your medical bills have been “written off.”
Many adjusters are devaluing claims because the injured party is not represented or based on the Tennessee Supreme Court West v. Shelby Co. Healthcare Corp. This decision reduces the amount of medical damages to the amount that your insurance actually paid and not the full bill. It is important to understand this case and how to handle it to be sure that you are getting all you are entitled to under the law.
5. The adjuster may have offered you the policy limits of their policy.
Insurance is a contract and that contract only covers up to a defined amount. In order to receive a policy limit offer, you have to know the proper way to ask for it under the law and what to do to trigger uninsured motorist coverage.
When you are dealing with serious injuries with significant medical bills, you need to call an experienced car accident lawyer who can help you maneuver through a complicated claim. Call 691-2777 for a free consultation today.