Appealing Unfair Settlements for Your Job-Related Injury

 Posted on November 27, 2023 in Denied Claims and Appeals

Suffering spine or back injuries on the job can leave you unable to work and facing costly medical treatment. However, if the initial California workers’ compensation settlement does not adequately cover your mounting costs, fight back. Do not accept an unjust settlement simply because you feel powerless. A California lawyer can help you appeal and demand the full benefits you legally deserve.

Understanding Your Complete Rights and Protections

California workers’ compensation law exists to comprehensively protect you after a workplace spinal cord or vertebrae damage that prevents you from earning income. Employers must provide complete medical care and partial wage replacements for all aspects of job-related injuries.

Insurance companies often offer minimal settlements, hoping injured workers lack the strength to appeal or don’t understand their complete rights. Know you are fully entitled to benefits. You never have to accept inadequate offers.

Accurately Calculating Appropriate Just Compensation

A lawyer intricately analyzes factors to calculate sufficient compensation you should rightfully accept. This includes the full extent of all medical bills, doctors’ recommendations for treatment, projected medications, assistive devices, home healthcare needs, lost income, and reduced earning capacity based on the permanent disability caused by your spinal damage. Do not let profit-driven insurers eliminate critical costs simply because tallying a lifetime of implications is complex. You deserve real accountability.

Formally Filing Your Legal Appeal

Suppose the proposed settlement falls drastically short of covering your legitimate needs. In that case, your lawyer formally submits a written appeal outlining exactly why the offer fails to adequately compensate your complete losses as explicitly required by California workers’ compensation statutes. Additional vocational assessments demonstrate your reduced earning ability moving forward. Do not fear retaliation; asserting your rights is critical to receiving owed benefits.

Thoroughly Prepare to Build a Strong Case

Your legal team then thoroughly prepares extensive irrefutable medical evidence from your treating physicians confirming your spinal diagnosis, injury history, and recommendations for necessary treatment, medication, and equipment. Witness statements help detail how the spinal damage substantially affects your mobility, daily activities, and quality of life. With a mountain of persuasive proof, insurers often reassess and settle rather than risk court. Your lawyers will be fully ready to litigate for maximum compensation if necessary tenaciously.

Contact a Hollister, CA Workers’ Compensation Attorney

Spinal injuries create lifelong struggles. With a trustworthy San Benito, CA workers’ compensation lawyer guiding you with your case, you can have a better potential for your outcome. Call Cramer + Martinez at 408-848-1113 for a free consultation.