UNDERSTANDING WORKERS' COMPENSATION LAW

The first thing that will likely happen is a short discussion about workers' compensation law as it pertains to your case. Your lawyer may also provide an overview of what compensation you are eligible for in general and what possible options may be available for your specific case.

Something to keep in mind with this portion of the consultation is that you are not dealing with money coming from your employer. You are also not suing your employer for benefits. These are benefits that come from the Department of Labor and do not affect your paycheck or returning to work after you have healed from your injury.

NEGLIGENCE ISSUES

Part of the consultation will be to determine if the injury you sustained was due to negligence on the part of your employer. Employer negligence can take many forms, so your lawyer will want to go over all the circumstances that preceded your injury. The main point of this conversation will be to determine if you will seek compensation directly from your employer.

An example of company negligence is knowing there is a hazard and not marking off the area or notifying maintenance. For instance, perhaps there is a slippery area of a walkway that would cause you to fall and become injured. Your employer may have also received reports of faulty equipment but didn’t stop you from using that equipment, leading to your injury.

DISCUSSION OF THE PROCESS

By the time you meet with a lawyer, you may have already filed your workers' compensation claim. Depending on the status of that claim, your lawyer will explain the next steps you should take. He or she will also go over what to expect with each phase of the process.

If the other party is contesting your claim, you will be facing pretrial and trial preparations. If your case goes to trial, you’ll need to present medical evidence and testimony. If your claim has already been denied, your lawyer can help you prepare an appeal.

QUESTION AND ANSWER SESSION

During the consultation you will be given the chance to ask any questions you may have about the process. Your lawyer will answer both the basic, frequently asked questions and questions specific to your case. You may also have questions regarding the various forms of compensation you can receive.

Your lawyer can also talk about your potential compensation if your injury has altered your life permanently. For example, you may be eligible for lifelong medical compensation. These payments should cover any medical treatment you receive for as long as you are dealing with the injury. You will have to show that the treatment you are obtaining is for that specific injury and was related to the injury that happened on the job.

These are only a few key points to understand about your consultation. Depending on the severity of your injury and how the injury was sustained, certain aspects may change. Your lawyer will be able to help you through the process and ensure you are getting what you deserve for your injury. For a workers’ compensation consultation in the San Francisco area, contact the Law Offices of Jeffrey M. Greenberg.