Challenging Minimal Payouts for Your Severe Hand Injury

 Posted on November 30, 2023 in Denied Claims and Appeals

Suppose you suffered a serious hand impairment on the job but received an unreasonably low settlement that will not even cover critical surgery costs and aftercare. In that case, you deserve to fight for fair compensation. A California lawyer can help you formally appeal minimal payouts and get a second decision.

Understanding Permanent Disability Ratings

The initial deficient settlement likely based the payout percentage on a questionable permanent disability rating that greatly underestimated the actual severity and lifelong impacts of your lasting mobility loss and impairment.
Your attorney can obtain specialized medical evaluations and evidence to legally prove you have a higher revised disability rating, increasing the required compensation.

Accounting for All Necessary Medical Factors

Often, a rating disadvantages you by minimally considering future medical needs. However, your lawyer comprehensively accounts for all evidence-based medical recommendations for required surgeries, treatments, medications, hand therapy, and daily living assistive devices you will realistically need for decades due to permanent damage and loss of hand function. Do not let profit-driven insurers conveniently ignore actual long-term costs simply because it benefits their bottom line.

Obtaining Independent Vocational Assessments

Insurers favor permanent disability ratings generated by medical evaluators they select, who frequently downplay fundamental limitations. Your attorney will get additional assessments from fully independent vocational experts who objectively evaluate how your specific hand injury substantially impacts essential occupational tasks and activities, along with overall future employability potential in your field. Their reports form a critical pillar of documentation proving your significantly reduced earning capacity.

Creating a Powerful Settlement Demand Letter

Armed with multiple favorable medical opinions, vocational reports, and compelling legal arguments based on your rights under California law, your lawyer presents an aggressively detailed demand letter to the insurer to expose flaws in the initial rating and settlement persuasively. They leverage considerable evidence-based leverage in negotiations to demand a revised payout truly reflecting the full impacts of your permanent disability. If the insurer remains unreasonable, litigation follows.

Contact a Gilroy, CA Workers’ Compensation Lawyer

Appealing an unfair settlement takes determination and perseverance but can get you a second decision. With a Morgan Hill, CA workers’ compensation attorney fully on your side, you can overcome a minimal payout and finally gain the substantially increased benefits you require and deserve after suffering a catastrophic hand injury. Do not needlessly endure financial stress and uncertainty. Fight to achieve the maximum compensation you need to move forward. Call Cramer + Martinez at 408-848-1113 for a free consultation.