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I Hired a Workers' Comp Attorney....Now What?

What Should Happen If You Hire A Workers’ Comp Attorney

If you are injured at work and hire an attorney, this is what you should expect throughout the case. First, your attorney will file a document called a Petition to Contravert with the Mississippi Workers’ Compensation Commission. This puts everyone involved (employer, carrier, attorney) on notice that you are represented by counsel. You shouldn’t have to talk to adjusters or nurse case managers anymore. Your attorney will handle all communications.


Next, there will be a discovery period where your attorney will send written questions and requests for documents to the attorney representing your employer, and vice versa. These questions will be related to your education, employment background, past injuries, the current injury, and medical treatments received. The defense attorneys may want to take your deposition too. This is where they ask you the same type of questions, just face to face or on a zoom call instead of written.


Next, if the case is accepted by the insurance company (meaning they believe it is work related) you will be provided treatment until you reach maximum medical improvement, or MMI. If the case is denied, your attorney should prepare your case and set it for a final hearing as soon as possible.


Next you will either be evaluated to determine your impairment ratings, or your attorney should ask you to do a job search. The only way to prove lost ability to earn wages is by doing job searches and not finding a job. The latter is reserved for more serious injuries, such as injuries to the back.


Finally, your attorney should negotiate the best settlement possible for your particular case. The settlement figure should be based on lost wages and future medical needs. Every case is different.

Have a great rest of the week!

Kevin

“Success is not final, failure is not fatal; it is the courage to continue that counts.” -Winston Churchill

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