In this situation, you may wonder: why is my workers’ compensation case going to trial? Generally, cases go to trial if your employer – or their insurance company – refuses to provide you with compensation and mediation fails.
You can get help understanding this process from a Lafayette workers’ compensation lawyer from our team at Laborde Earles. Call or fill out our online contact form to learn more.
Do Workers’ Comp Cases Usually Go to Trial?
Most workers’ comp claims in Louisiana do not go to trial. Instead, workers file claims for compensation and receive benefits to cover their medical expenses and a percentage of their lost pay.
A lawyer may also resolve your claim through:
A Settlement
Sometimes, insurance companies handling workers’ comp claims initially refuse to provide compensation. However, your lawyer may negotiate until they agree to an offer that covers your losses through a settlement agreement.
Legal Mediation
The Louisiana Workforce Commission gives you the right to mediation if your employer and insurance companies refuse to treat you fairly initially. A neutral mediator will review your case and facilitate communication with the goal of reaching an acceptable agreement.
If settlement negotiations and mediation fail for your claim, your workers’ compensation case may end up going to trial.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhy Would Your Lawyer Suggest Taking Your Case to Trial?
Generally, workers’ comp lawyers in Louisiana focus on resolving claims out of court. If you qualify for workers’ comp benefits, this may represent your best option. However, our team may suggest different legal approaches if:
- The insurance company unfairly denies your benefits
- The insurance carrier inappropriately discontinues your benefits
- You should receive higher compensation for your losses
We carefully consider the benefits of going past negotiations and mediation to handle workers’ comp cases. If we believe this option will serve your best interests, we may suggest taking your case to trial.
Does Taking Your Claim to Trial Mean Suing Your Employer?
Louisiana doesn’t typically allow you to sue your employer or the employer’s insurance company in civil court. If your workers’ comp case goes to trial, it will result in an administrative law proceeding to resolve the issue.
However, your workers’ comp case may end up in the civil court system if we find that a third party caused your accident. For example, you may directly sue an equipment manufacturer if a defective tool injured you on the job.
In this situation, you can file a direct lawsuit for compensation. Find out more about these options with a Lafayette personal injury lawyer.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhat Are the Pros and Cons of Taking Your Workers’ Comp Case to Trial?
Your lawyer may recommend pursuing an administrative hearing to bring you compensation after some workplace accidents. Taking your case to court may allow you to secure full compensation for your losses, especially if the insurance company is treating you unfairly.
However, you may face a few drawbacks to pursuing compensation through this method. For example, taking your claim to trial may mean:
- That it takes longer to secure compensation
- More stress throughout the legal process
- Higher tensions with your employer
Additionally, going to trial does not guarantee that you’ll receive more compensation for your losses. In fact, some employees end up receiving less compensation than they would through a settlement.
Therefore, we recommend carefully considering this option with your lawyer before making a final decision.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDo Workers’ Comp Cases Go to Trial Often?
Workers’ comp claims in Louisiana are generally resolved outside of the court system. The vast majority result in workers getting compensation for their medical bills and a percentage of their lost wages and returning to work after their recovery.
However, a lawyer can step in to assist if you have a complicated claim that requires additional legal support. Our team has over 250 years of combined experience that we can turn toward assessing your needs and handling your unique situation.
As Louisiana attorneys who care, we’ll walk you through each step of the process if your claim goes to trial. We also investigate to find the liable party and discuss additional options if a third party caused your injuries.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientSpeak to Us About Your Workers’ Comp Case Going to Trial
Why is your workers’ compensation case going to trial? Generally, these cases go to trial if other options like mediation fail. You can learn more about resolving your claim to get compensation with our professional team at Laborde Earles.
Call or complete our online contact form to learn more.
