If you have been online researching how workers comp cases are resolved, you have probably noticed that most attorneys tell you these cases settle. That’s because they do settle, most of the time. In most workers comp cases, there’s very little reason to go to trial. The facts are the facts. Unless there’s a major dispute over the facts, there’s no reason to waste the court’s time or your time battling things out at trial.
However, if there is a question as to what caused your injuries, then trial may be the only place to resolve things. What any of our workers compensation attorneys in Charlotte knows is that we try to settle as many workers comp cases as possible. We just don’t see the reason to make our clients pay for a long, drawn-out trial.
If you have questions about your own workers comp case, we encourage you to reach out to us directly. You can go online or call us on the phone and schedule your free, initial consultation at any time.
Almost All Workers Comp Cases Settle Long Before Trial
It can be hard to make our clients understand why settling may be in their best interests. What they don’t realize is that more than 95% of all workers comp cases settle long before trial. Not only do the attorneys want to settle, but the judge wants you to settle as well.
When you first go in front of the North Carolina Industrial Commission, they’ll do what they can to resolve the matter. If they feel that you have a legitimate claim for benefits, then they’ll find in your favor when you appeal your claim. If they think your employer is right and that your injuries did not happen at work, they’ll document it and send you a letter of denial. Once your workers compensation attorney in Charlotte has a copy of that letter, they can better advise you on what your options are.
Your Attorney Will Try to Settle Your Workers Comp Case
After your initial consultation with your workers compensation attorney in Charlotte, they will reach out to your employer. They’ll want to find out why your claim was denied and on what basis your employer made that decision. Once they have this information, they’ll speak with you again and ask you several questions.
When they have the full picture of what happened, they will reach back out to your employer and the insurance carrier. At that point, they will try to negotiate a settlement of your workers comp case so that you don’t have to take legal action.
Sometimes this works and sometimes it doesn’t. It usually depends on two things: the stubbornness of your employer and the size of your claim. If your injuries were serious and you were out of work for a long time, you probably have a rather sizable claim. A lot of insurance carriers deny these claims upfront hoping they can settle for less down the road. If that’s the case with you, your Charlotte injury attorneys will try to negotiate a fair settlement. If this isn’t possible for whatever reason, they may recommend that you file suit against your employer under workers comp.
There Are Times When Your Charlotte Injury Attorneys Need to Sue
As much as both parties want to settle their workers comp case, there are times when you need to sue, and you need to take your case to trial. If your employer absolutely refuses to pay you benefits, this may be your only option.
For example, if you suffered a serious back injury and were out of work for nine months, your Charlotte injury attorneys would not encourage you to accept the settlement for three months’ worth of benefits. Likewise, if you’re unable to work ever again because of your workplace accident, our workers compensation attorneys in Charlotte would fight to get you as much compensation as possible.
There are Benefits to Settling Your Workers Comp Case
Some of our clients are hesitant to settle when we first meet with them. They say they want their day in court, and they want their employer to have to pay for what they did to them. The problem is that your employer didn’t make a personal decision when they denied your workers compensation claim. So, you don’t want to make it a personal decision when you decide whether to settle.
There are numerous benefits to settling your workers comp case rather than going to trial. Some of these include the following:
- if you go to trial, there’s always a chance that you’ll lose
- trials take a long time, possibly years to come to fruition
- trials are expensive and our goal is for you to take home as much money as possible
- there’s no way of knowing if your employer or their insurance carrier will still be around by the time trial is set
As much as your attorney may want you to settle, they would never encourage you to accept a settlement that doesn’t fully compensate you for your injuries. Their goal is to make sure you whatever benefits you would have received had your claim initially been approved. You do have to trust their judgment to a certain extent. Our Charlotte injury attorneys have been handling workers comp cases for years. If they feel settlement is in your best interest, they’re probably correct.
Meet with an Experienced Workers Compensation Attorney in Charlotte Today
If you were injured in a workplace accident, you probably need an experienced workers compensation attorney in Charlotte. The workers comp process can be difficult and confusing. You never know when your employer or the insurance company is taking advantage of you. You won’t have to worry about this happening if you hire one of our Charlotte injury attorneys.
If your claim has already been denied, we will do our best to negotiate a settlement with your employer. If you’re at the point where you’ve confirmed you have a permanent disability, we can always try to negotiate a lump sum settlement so that you’re fairly compensated for your injuries.
Most of these workers comp cases do settle, and we will do everything we can to make sure yours settles as well. Nobody likes going to trial. They are expensive and time-consuming, and they don’t always work out in your favor.
We suggest you call our office today so you can schedule your free, initial consultation. Sit down with a seasoned Charlotte injury attorney who can review your workers comp case. They’ll give you an idea of what your options are and help you decide the best way to proceed. Since your initial consultation is free, you have no reason to worry.