Resolving and Settling Your Workers' Compensation Case
Claims for Workers’ Compensation Benefits
Most clients come to Boca Raton workers’ compensation attorney Randy Zeldin, Esq. because the insurance carrier is refusing or delaying a benefit. Insurance carriers can deny anything; the entire case or a single prescription. Unfortunately, many injured workers’ experience multiple denials of benefits throughout the life of their claim.
Fortunately, there is a legal system to resolve workers’ compensation benefits. A skilled workers’ compensation lawyer such as Randy Zeldin, Esq. is often able to obtain benefits through a telephone call or letter on your behalf. If the insurance carrier wants to fight, you need an expert workers’ compensation attorney to fight back. Randy Zeldin, Esq. can file a claim on your behalf to get you benefits you deserve.
Once a claim (known as a Petition for Benefits) is filed, the insurance carrier either has to provide the benefit or defend against your claim. The insurance carriers almost always hire an attorney to fight your claim. This involves a process known as litigation, which involves many complicated legal steps and can take nearly one year to complete. Ultimately, the matter can go to trial before a Judge of Compensation Claims, who will determine whether or not a benefit is paid. A workers’ compensation attorney with many years of experience, such as Randy Zeldin, Esq. will maximize your chances of success.
Settlement of Your Workers’ Compensation Claims
Many workers’ compensation accident victims are interested in settlement of their case. Under the law, settlement is voluntary and the Judge is not involved in determining the amount of the settlement or approving it. Settling is a big decision and involves resigning your job and giving up your medical benefits. Randy Zeldin has settled thousands of workers’ compensation cases, for his own clients and as a mediator.
In order to get the best settlement possible, it is vital to have a skilled negotiator on your side. This is particularly true at mediation, where both sides are represented by attorneys, before a professional mediator. The mediator is a neutral third party, usually an attorney, who helps the parties to settle the case. Many workers’ compensation cases in Boca Raton, West Palm Beach and Ft. Lauderdale are settled because of the input of professional mediators.
You will never pay Randy Zeldin Esq. out of pocket attorney fees. Further, Randy Zeldin, Esq. does not escrow or take a portion of your bi-weekly benefits to be held in a “trust account,” as do many other workers’ compensation attorneys.
Attorney fees are either paid by the insurance carrier or come out of settlement monies obtained on your behalf. Attorney fees must be paid according to a “formula” in the law, which usually approximates 10% of the value of benefits procured by the attorney on behalf of the injured worker. All attorney fees must be approved by a Judge of Compensation Claims. The costs of litigation (e.g. depositions, expert witness fees, medical records) are often the responsibility of the insurance carrier, when the Claimant prevails at trial or at a negotiated resolution.