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Winning Your Workers’ Compensation Case

  • Dave Brown, Esquire
  • 03/01/2021

Legendary Green Bay Packers’ coach Vince Lombardi liked to inspire his players by saying, “Winning isn’t everything; it’s the only thing.” Lombardi’s motto helped his Packers win five NFL championships, including the first two Super Bowls. At Pearson Koutcher Law, we share Lombardi’s passion for winning and always do our best to win the workers’ compensation cases for the injured workers whom we represent.

Much as Vince Lombardi had to figure out how to defeat the Packers’ opponent each week, our experienced and knowledgeable workers’ compensation lawyers work hard in every case to devise the best strategy to beat the insurance company so our clients can receive the benefits they deserve.

If you hire us to represent you in your workers’ compensation case, here is what we will do to help you win – or obtain a favorable settlement.

Comprehensive Evaluation – First, we will speak with you (in person when the pandemic is behind us, otherwise on the phone) and collect all of the information about your case – your employer, your job duties, how you injured yourself, the symptoms you are experiencing, what type of medical treatment you have undergone, whether you had a second job at the time you were injured, what documentation you have received from the insurance company – we will ask you everything about your workers’ comp. claim, from soup to nuts.

Based on the information and documents that you provide us, we will take the necessary action to make sure your rights are protected. If the insurance company has denied your claim, we will file a petition for benefits, which will be heard by a Workers’ Compensation Judge. If the insurance company has filed a petition to cut off or reduce your benefits, we will file a response with the Judge, denying their allegations. Whether we file a petition for you or defend a petition filed against you, we will go into court and fight for your benefits.

Referral to Top Doctors – Pennsylvania law requires that an injured worker treat with the insurance company’s medical providers for the first 90 days following an injury. As you may have found out, the insurance company’s doctors often do not have your best interests at heart — they have a tendency to downplay your symptoms and try to push you back to work before you are ready.

If you hire Pearson Koutcher Law, as soon as the 90 days run — or sooner under some circumstances — we will refer you to doctors who are truly interested in your welfare. They will treat your injuries and not release you to return to work unless you have shown sufficient improvement. If physical therapy or chiropractic treatment will benefit you, we will refer you to a facility that offers this care. We will take into account your injuries and refer you to the proper specialist. For example, if you have sustained a concussion, we will refer you to a neurologist who regularly treats head injuries. If you have injured your shoulder, back, or knee, and it is possible that you need surgery, we will send you to an orthopedic surgeon or neurosurgeon. If you are experiencing high pain levels and need medication to help you function better, we will refer you to a pain management physician. You will be in better hands with the medical providers that we connect you with.

Preparation for Hearings and Depositions – At some point in your case, you will have to testify and describe how you injured yourself and everything else relevant to your case. The usual procedure is that initially you will give a deposition in which the Workers’ Compensation Judge does not participate and then testify later before the Judge. Your Pearson Koutcher lawyer will thoroughly prepare you to ensure that things will go smoothly when you testify.

Other witnesses will testify in your case – one or two of your treating physicians, the doctor who evaluated you for the insurance company, and possibly people from your employer, such as your supervisor and the human resources director. These employer witnesses would give testimony in support of the insurance company and in opposition to your claim. Your lawyer will meticulously prepare for all of these depositions — your doctor will be asked the necessary questions so your injuries and disability are properly explained, and the insurance company doctor and other witnesses will be cross-examined by your lawyer in an effort to weaken their testimony.

Analysis of Legal Issues – Every case is different, and your case will likely present legal issues for your lawyer to analyze carefully. For example, the insurance company lawyer may argue that when you injured yourself, you were not in the course of employment because you were not furthering the interests of your employer. Your lawyer will examine the unique facts in your case and present the evidence in an attempt to convince the Judge that you were injured while in the course of your employment. Regardless of what the legal issues are, your lawyer at Pearson Koutcher will take a close look at the issues and present the evidence in the most favorable light to you.

Obtaining a Settlement – As difficult as insurance companies can be, they are frequently willing to enter into settlement negotiations. The lawyers at Pearson Koutcher have negotiated countless favorable settlements over the years on behalf of their clients, and if you are interested in a settlement, your lawyer will try to obtain the best possible settlement for you.

I hope we have impressed upon you how committed we are to winning cases for our clients and how zealously we represent them in their workers’ comp. cases. If you have suffered the misfortune of injuring yourself at work, please contact us right away, and let Pearson Koutcher put its years of experience and expertise to work for you.