Category: General Posts
Workers Comp: Nonsubscribers
This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyer principal office in San Antonio
How Does a Nonsubscriber Case Work?
Step 1: Talk to an attorney. The very first thing you need to do is speak with one of our attorneys so that we may discuss your individual accident.
Step 2: We will do research on the matter which might include an onsite inspection, accident recreation, and product testing. The initial methods that we use to better understand your accident and why it occurred largely depend on the nature of your injury and what we primarily believe to have caused your accident. More Information here
Step 3: We will present to you your options and discuss what we think the case is worth, whether we think it is worth you pursuing, and what we think you may stand to gain when it is all said and done.
Step 4: We will then attempt to settle the case out of court and file suit if the defendant does not offer an adequate payment. All of our attorneys are skilled negotiators; however, we are not willing to compromise on your well-being. We will do our best to reach an adequate payout, but if we feel you are not being offered a fair sum, we will have no problem holding the defendant accountable in court.
Step 5: Now the case is in litigation so we will go through a process where we use subpoenas to obtain documents and information from the company and we will use this to build the case against them. This is where we will find the crucial evidence which can undeniably prove the defendant is responsible for your damages.
Step 6: Once we have gathered additional information, both parties will again meet and discuss the case face to face. A new round of negotiations will begin and if these negotiations fail we will go to trial.
Voluntary Benefits Paid by the Employer
As we mentioned above, your employer does not have to compensate you when they are not a subscriber to workers’ compensation; you must pursue them to get the compensation you need. But, some of you reading this may think “But my employer is paying me voluntarily. Do I still need to file suit against them?” The answer is some employers will purchase insurance that provides proactive payment of injury benefits that functions very similar to a workers’ comp plan; however, this is all done on a voluntary basis and they can cut your benefits off at any time.
As a general rule of thumb, if your injuries are very minor, it is not worth it to sue. If your injuries are minor and your employer is giving you voluntary benefits, you should probably take the money and run. On the contrary, if you have severe injuries they may simply be paying you enough to string you along and ultimately cheat you out of the money you deserve. They are only paying you for medical costs and potentially a small amount of your lost wages; however, often you will go months without working and you will require ongoing treatment and surgeries to fully recover.
Unfortunately, through voluntary benefits, many employers will only pay for your initial surgery cost and maybe a month of lost wages. This means you have damages for lost wages, medical treatment, and other damages like suffering all of which voluntary benefits will not cover. Your employer is not paying you what they owe you, but they are paying you enough that no attorney will want to sue because you will only be able to recover a limited amount of damages, but you still have the same cost to pursue the claim. Generally, employers who offer voluntary benefits have ulterior motives and they may intentionally mask their nonsubscriber status as workers’ compensation. This also typically prevents you from getting an attorney and resulting in the statute of limitations passing before you even realize you have a claim for further damages.
What if the Accident is Partially My Fault?
The primary benefit to employees who have a nonsubscriber employer is that they only have to show that the employer is partially liable. So unlike every other personal injury case where you have to show the defendant is more liable than you, the nonsubscriber only has to be at least 1% responsible for your injury. As a consequence, the only thing they can do is try to put the blame back on you.
If you’ve been injured in a workers’ comp nonsubscriber case call our office.
What To Expect From Personal Injury Attorneys
This Blog was brought to you by the CS Law Firm, Principal Office in San Antonio
What To Expect From Personal Injury Attorneys
Accidents seem to be part of the modern world. No country in the world that has traffic can claim not to have accidents on its roads. Occasionally you will hear of an accident in one area or the other. Personal injury law firms have made it possible for those that experience body harm from accidents to get compensated easily from insurance companies.
If at any particular time one becomes involved in an accident, he or she might experience personal losses like injuries and certainly financial losses; in the most unfortunate situations – even death. However, insurance companies work at their best to minimize the cost of compensation with the high insurance professionals, thus, the victim’s needs and claims are neglected and might be left in an awkward position. It is due to this that the need to seek the services of a personal injury lawyer arises. More on this website
Personal injury lawyers, therefore, provide the service of legally representing those who claim to be injured physically, psychologically, or emotionally. Injuries can be caused by another person’s negligence, carelessness, or even wrongdoing. Among the injuries that a person may be exposed to may involve those from work injuries (in processing and manufacturing industries), automobile injuries, slip and fall injuries, defective products, and even medical mistakes.
It is upon the injured to realize and understand their rights and obligations on how to receive and the best compensation policy. The need to have justice and compensation will drive the people to look for services offered by personal injury attorneys, to explain to them their rights, and process the legal documents required to get justice.
The compensation package is calculated to cover the medical fee, emotional suffering, physical pain, and financial devastations that occur due to injuries of someone. Injured victims should put in mind these basic rights. Injury attorneys are there to streamline the process and ensure that the victim does not get a raw deal.
With the services of expert legal professionals, victims have been able to get compensated and thereafter gain confidence to restore their previous lifestyle somehow with a motivational compensation. It now high time that the injured victims get their rights well defined by claiming what is rightfully belongs to them. However, it should be noted that too often, the cases of personal injury are not too simple, but complex when it comes to the legal point of view. However, having the service of personal injury attorneys is vital in claiming the compensation that is deserved. Therefore, injury attorneys offer the solution to partial recovery of the injuries that the victims undergo.
When You Need To Hire A Car Crash Injury Lawyer
When you need to hire a car crash injury lawyer
Car crash injury lawyer. If you have become one of the numerous victims of a car crash, then you definitely need to get some legal aid in order to secure yourself with better compensation. If you fail to take legal actions immediately after the automobile accident takes place you risk losing a lot of money or eventually even fail to get a fair settlement for your loss and suffering. The official deadline for filing a case for a motor vehicle accident is 1 year, but sometimes the circumstances may require quicker actions if you want satisfactory results from the trial. You need to begin negotiating on your injury claim immediately after you have recovered from your injuries.
What you should have in mind?
In order to do that you need to obtain the proper documentation collect vital evidence from the police and some witnesses and then consult your car crash injury lawyer about what amount of compensation would be a fair one, judging by the state of your injuries. When done with setting your compensation goal you can turn to the insurance company and start the negotiation process. Sometimes finding a legal advisor to help you with that becomes a true nightmare. You can save a lot of time if you call 1-855-WIN-THE-CASE as we will instantly redirect you to an expert from your county.
Your attorney, after you chose one, will need all the evidence that you have collected in order to back up your claim. If you haven’t collected much the possibility to get the settlement you wished for is very unlikely. Anyway, you should always demand a bigger amount of compensation than you really want. Most solicitors will advise you to try up to 50% higher compensation requests than the one wanted. In this case you can be certain that even after lowering it a bit during the negotiation you will get approximately the amount you hoped to recover. Unfortunately, the negotiation process can never fit within a certain time frame. It can be done overnight or prolonged in time because of different insurance policies. Most often the compensation you get is received after you have already finished your medical treatment. This is why you should be advised that a lot of patience is needed on your side before a settlement is reached.
If you as a victim, however, do not like the final offer of the Insurance company of the other party involved you can take the case to trial but that would definitely prolong the process and will give you an uncertainty of the outcome, as you can never be certain what the decision of the judge or the jury will be. If your car crash injury lawyer advises you to do so, then that means that you have a good chance of winning a fair amount as compensation for your pain and suffering.


