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Your Role as an Injury Victim

Nurse Holding Hand There is more to filing a workplace injury claim than simply contacting an attorney and waiting for him or her to secure a settlement for you. As the claimant, you play an important role in the claim process. Ultimately, your claim is as strong as your support for it and your cooperation with all other parties involved.

Throughout the claim process, your attorney will talk to you about your claim’s progress and how to handle the next steps toward its resolution. Your claim may be settled fairly quickly or it may go through months of negotiation. It can even possibly end up in court. No matter how your claim progresses, you need to do the following to support it and avoid jeopardizing your right to receive compensation for your losses.

Be an Active Patient

If you want to receive a compensation package that meets all your needs, you need to take an active role in your recovery. This means that you need to follow all of your doctor’s instructions for your recovery, which may include surgery, physical therapy, or prescription drugs. If you do not follow your doctor’s instructions for your recovery, your workplace injury claim could be denied.

As an injury victim, you are required to mitigate your damages if you want to receive compensation. This means that you need to take steps toward a full recovery to lessen the overall cost of your injury. Prove to the insurance provider that you are taking these steps by keeping a file of all your interactions with doctors and other healthcare providers, all written reports of your progress, and a record of the drugs you are taking.

Be a Cooperative Claimant

You also need to follow your attorney’s instructions as he or she negotiates a settlement on your behalf. You may need to complete certain tasks or file certain paperwork by deadlines provided by your attorney.

Part of building a successful claim is providing adequate evidence of your injury and need for compensation. In addition to evidence of your treatment and recovery, you can support your claim by providing your attorney with details and testimonies about your accident. This can include photographs, oral or written testimonies from witnesses, and the police report from the scene of your accident. In some cases, the employer may not have been following certain regulations ; in such situations, this could be used as evidence as well.

Be Patient

Workplace injury claims take time to resolve. While your claim is pending, continue to follow your attorney’s and your doctor’s instructions. Do not be afraid to ask your attorney questions about your claim’s progress, but understand that these claims can take months to reach a conclusion.

Workplace Injury Attorneys in San Jose

Our team of experienced San Jose workplace injury attorneys at Corsiglia, McMahon, & Allard, L.L.P. can provide you with the quality legal guidance and representation you need when you are suffering from an injury stemming from an accident in the workplace. Our firm serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County. If you have been injured in an accident, do not wait to begin working with our team to build a strong claim and seek the monetary compensation you deserve.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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