If you’re offered a settlement for a work injury, then you need to talk to a work injury lawyer in Kansas City first. Speaking to an attorney is the best path toward winning a sum that actually covers the full extent of your damages.
Why You Should Never Accept a Work Injury Settlement Without Talking to a Work Injury Lawyer in Kansas City
1. You Could Be Entitled to More
Many people undervalue the amount they’re entitled to in compensation. There are numerous types of economic damages you may be entitled to, depending on your circumstances. Your attorney can discuss these with you during your consultation.
On top of that, there’s a formula your attorney must use to calculate your non-economic damages. If your injury is very serious, then your non-economic damages will likely make up the bulk of your claim. You can also win a substantial sum in non-economic damages if your injury is long-lasting but not overly serious. Find out more here about other common types of workplace injuries.
2. You Need to Negotiate
It’s never a good idea to accept the first offer you get from your employer and their insurance company. They’re often open to a little negotiation that could get you a higher sum—as long as that sum is warranted based on your damages, of course. However, attorneys are better at negotiating than plaintiffs, as they deal with negotiations with insurance companies all the time.
3. You May Need to Go to Court
Sometimes your employer’s insurance company won’t pay out. This may be because they’re disputing your claim, or it could be because you’re seeking a particularly high sum. You may have to go to court to win a sum that will cover all of your damages. If you have strong evidence showing why you’re entitled to the sum you’re claiming, then you may end up walking away with that amount.
Working with an attorney with extensive courtroom experience is vital in this case. Plus, from very early on in your case, an experienced attorney will be able to tell you right out if they believe you’ll have trouble settling outside of court. They can also advise on whether you should accept a lower settlement because going to court will be too risky based on your case.
What Compensation Can I Win After a Work Injury?
1. Medical Reimbursement
You’ll be reimbursed for anything you’ve paid towards medical treatment and your hospital stay so far. If you require further hospital stays and ongoing treatment, then a sum will be calculated that’s intended to cover the cost of this. If your treatment will be life-long, then you’ll most likely be awarded a larger sum to cover this.
2. Lost Income
You’ll be compensated for the time off you had to take while recovering from your work-related injury. You can also be compensated for your lost earning capacity if you’ll be unable to return to full-time employment in the future due to being left disabled after the accident.
If you can return to part-time work but not full-time work, then you may be compensated for the difference in your future income. It varies by case.
3. Non-Financial Damages
Damages that impact your mental health, physical health, and general non-financial life are referred to as non-economic damages. You’ll have to pursue this kind of compensation separately from Worker’s Compensation, which covers lost income and medical expenses.
You can be compensated for non-economic damages such as:
- Emotional distress
- Physical suffering
- Decreased quality of life
- Loss of consortium (in wrongful death cases)
Can I Still Win Compensation If My Employer Doesn’t Have Worker’s Compensation Insurance?
Missouri employers must have Worker’s Compensation Insurance if they employ more than five people at their company. If your company has fewer than five employees and your employer doesn’t have Worker’s Compensation Insurance, then don’t worry. You can still pursue compensation. Consult your attorney to learn about what to do in this situation.
Will I Lose My Job for Seeking Compensation After a Workplace Accident?
Your employer cannot penalize you for seeking compensation after an injury at work. If you believe your employer demoted you or terminated your position at the company because you sought compensation, then contact your attorney to discuss your rights in this situation.
Always consult an attorney as soon as possible after sustaining a work accident. If you’ve been offered a settlement and haven’t consulted an attorney yet, then now is the time to do so. You might be entitled to more than you think. If your attorney calculates that the sum you’ve been offered covers all of your damages, then they’ll advise you to accept it.
