The first thing your personal injury attorney will do if you think that you have been injured too badly to work is have you visit a physician. You will need medical forms and official diagnoses in writing or any claim you try to file won't hold up. Thinking you are hurt and actually being hurt are not the same. If you want to be awarded a claim, you will need medical proof that you are truly injured.
Your employer will also need to provide documentation. The documentation should include information on your normal salary, how many hours you normally work and how many hours or days of work you have missed. The documents should also include information on how often, if ever, you put in overtime and whether or not you were due for a raise while you were unable to go to work.
Where things get tricky is determining what you could have done if you had not become ill or injured due to your job. This is where a personal injury attorney is helpful. Getting an employer to pay for wages lost due to a work related injury is fairly basic. What is tricky is getting an employer to pay for wages lost due to work you could have done. For example: an employee who starts out in the mail room of a corporation who gets crushed when a shelving unit lands on him. He is knocked unconscious and ends up needing brain surgery and is left mentally incapacitated and incapable of obtaining anything above entry level janitorial work.
Before the accident the employee could have worked his way up in the company and ended up earning hundreds of thousands of dollars per year and now is unable to do that and has mountains of bills to pay. This is when a personal injury attorney goes to work. Your lawyer will hire experts who will do tests and confirm that the employee was of perfect mental health before the accident and that there is no way to completely repair him and get him to full capacity. The lawyer will get the employees former boss to confirm if the employee was on an upward track.
From here it becomes a numbers game of wages that could have been earned over a lifetime of work with the company and this is when the fight begins.
Once the lawsuit goes to court the amount of money awarded (or not) is mostly up to a jury if the defendant decides against settling, but if your personal injury attorney is good, the case should be won in the employee's favor.
Have you met with an accident and are looking to get a justified compensation and ensured payment? Get in touch with a personal injury lawyer who will give you the best possible representation. To know more, visit [http://local.yodle.com].
No comments:
Post a Comment