Employment Litigation
Insurance For Your Hard Work
Did you know that employers often carry insurance that pay money to settle claims for discrimination, on-the-job injuries and even sexual assault?
It may seem odd, but commercial insurance policies exist to help businesses and workers navigate the relationship in a world filled with litigation. However, not all litigation is bad!
Sometimes litigation is the only way for an employee to be compensated for an injury and other times litigation is the only way for an employer to be vindicated for ridiculous claims.
Here at the Wallace Law Firm we represent both; employers and employees. Experience with litigation on both sides makes a well rounded bull dog in the courtroom for all types of claims.
Similar to personal injury, employee representation for most claims is contingency driven where attorneys are paid only when you’re paid. The amount of the contingency percentage is determined based on the scope of the representation. There’s an old saying that it’s better to have a percentage of something than a 100% of nothing.
Employer representation may be free through your insurance company, but if you seek my representation let’s talk about what those fees would look like. I don’t charge for consultations. Why wait? Call today.
Types of Claims
A good way to think about the types of claims for workers is to work backwards from the injury.
(1) How long ago did the injury happen?;
(2) What type of injury did you suffer?;
(3) Where will the money come from to compensate you?;
(4) What is the value of my claim and who should I choose to represent my interests?
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What about for employers? Here’s a good way to mount your defense:
(a) How long has the employee worked for you?
(b) What did other employers have to say about your employee?;
(c) How well did your company document the employees behaviors throughout the employment?
Complexity and Attorneys
All the information just described is the most distilled version of procedural hurdles claimants and attorneys must keep in mind. I share this information not as a substitute for legal counsel, but a caution as to the deadlines. A substantial risk of forfeiting your claim increases the longer you wait to seek counsel or believe you can go it alone.
Types of Benefits in Employment Litigation
Lost Wages
Just because you cannot work doesn’t mean you shouldn’t be paid! You can collect lost wages early on in the claims process if you’re unable to work due to the injury. Seek out an attorney so these benefits aren’t lost forever.
Medical Benefits
From physical therapy to surgery the benefits you deserve should be compensated through your employer’s insurance. Most of the benefits are paid retroactively once we achieve victory in your case. However, it’s important to keep in mind the goal in your treatment is for you to become medically stationary or as good as you’ll get. After that, it’s up to an attorney to fight for your claim.
Disability
Partial and Permanent disability are when you never reach 100% from your injury. Once you become medically stationary an evaluation of where you were before the injury will determine whether you are entitled to permanent or partial disability. These types of claims are especially critical to have an attorney with you – you may never work in the same field again!
Vocational
Need to be retrained for a job that works for you? Employer’s insurance may have you covered if we prevail on your claim. You may be entitled to make your way back into a different field since the injury. Reach out to see what options are available in your case.