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Deciding to Take Your Workers’ Compensation Case to Court

Workers’ compensation benefits are generally decided on through a process of negotiation with the injury victim’s employer and their insurance provider. The terms of the victim’s benefits package are usually determined in a settlement agreement. It is rare for workers’ compensation claims to go to court, but a trial is an option if terms cannot be agreed upon through the settlement process.

Advantages and Disadvantages of a Workers’ Compensation Trial

Deciding to go to trial in the pursuit of workers’ compensation benefits is a major decision that will require a commitment to a longer and more expensive litigation process. The choice to go to court should be based partially on the expectation that you have a strong case and will be able to recover the benefits you deserve. Our lawyers can evaluate your case and help you determine if bringing your case to trial is the right thing to do.

A workers’ compensation trial offers the benefits of:

  • The opportunity to present your case to a third party
  • You may get more money than your employer offered
  • You can enlist the help of witness testimonies

Conversely, going to court can negatively impact you in the following ways:

  • It’s more costly
  • It takes longer
  • Compensation is not guaranteed

What You Will Need for Your Workers’ Compensation Trial

In a courtroom setting, you will need to provide substantial evidence of the hazardous workplace conditions that caused your injury, as well as the medical and financial impact of your injury. You should collect your medical records, pictures of your injuries, pictures of the accident scene (if you have them), documents from your workers’ compensation claim, and evidence of the costs incurred because you could not work.

Whether you are still involved in the settlement process or are considering taking your workers’ compensation case to trial, you need the representation of our experienced attorneys. Contact us today to discuss your case.

To speak with the legal team of Smolich & Smolich, complete our contact form or call (916) 571-0400.
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