A Workers Comp Attorney in Johnson City TN will explain exactly what worker’s compensation is. Workers compensation is insurance which provides for medical benefits and a wage replacement to employees who are injured in the course of employment. If this insurance is accepted without full understanding of the law the injured party may be giving away any right to recourse. Worker’s comp benefits are tied to a mandatory relinquishing of any right to sue for the tort of negligence.
This is why a Workers Comp Attorney in Johnson City TN must be called in for consultation before any agreements are made between the worker and his employer’s insurance company. When an injury occurs there are many other issues to consider over and above medical benefits and wage replacement.
Pain and suffering as well as a punitive damage award for employer negligence are not part of any worker’s compensation plan, however they are issues and a Workers Comp Attorney in Johnson City TN is in the best position to know if legal recourse is favored.
Once a Workers Comp Attorney in Johnson City TN has been contacted he will have an initial meeting with his client and at this time he will gather the facts and based on these facts, evaluate the merits of a claim. The attorney will brief the client on the process, mediation, review of benefits and the process of litigation.
All costs associated with the claim must be documented so the injured party will be instructed to maintain perfect records of all expenses pertaining to his medical treatment.
In the meantime the Workers Comp Attorney in Johnson City TN will be gathering statements from medical personnel, witnesses to the injurious event, employment records etc. as well as making an inspection of the scene to gather any necessary measurements and to take photos.
At this time the Workers Comp Attorney in Johnson City TN will contact the employer and the worker’s compensation insurance company and put them on notice that a claim is being placed against them. There is a window when the claim must be made so having the attorney at your side quickly is of paramount importance.
If possible, the Workers Comp Attorney in Johnson City TN will attempt to negotiate an agreeable settlement with the insurance company. If the negotiations fail then the mediation process will go forward and if mediation fails a suit will be filed and the case will go to court. If the case goes to court the attorney will file all the depositions of the employer, any factual witnesses and if necessary, an expert witness.
All of these complexities are for the benefit of the client in an attempt to be given a monetary award for pain, suffering, mental anguish and disabilities that would not be part of a workman’s compensation claim benefit. Attorney Andrew E. Farmer has tried many successful cases for his clients.
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