Workers’ compensation may provide compensation for lost wages and medical bills if you get an injury or illness from work. Unfortunately, due to the complexity and confusion of the claims process, workers often make mistakes along the way.
Mistakes can lead to insurance companies or employers denying, delaying, or undervaluing your claim. The following mistakes can affect your claim’s success and the amount you receive.
Failing to Report the Injury
In the event of an injury at work, you should inform your employer or supervisor orally or in writing. For reporting and responding to work injuries, follow your employer’s and state’s policies and procedures.
If you wait to report the injury, you are more likely to have problems recovering benefits. The Workers’ Compensation Commission may discount the severity of your injury or doubt that the accident happened at work, resulting in less compensation than you deserve.
You also risk having your claim denied.
Not Seeking Proper Medical Treatment
No matter how minor your work-related injury may seem, seek medical attention first. You may be able to improve the outcome of your treatment if you receive a quick diagnosis. In addition, treatment may increase your chance of receiving workers’ compensation benefits.
If you delay medical evaluations, your injuries may not be easy to link to a work-related accident. Your employer can argue that the injury happened outside the job or that you worsened your injuries outside the workplace.
Moreover, not seeking treatment may seem like you did not sustain any injury.
Disregarding Your Doctor’s Orders
When you see a doctor after suffering a work-related injury, follow your prescription and schedule appointments precisely as instructed.
Not complying with your doctor could stand in the way of your recovery. Insurers and employers will often argue that you should lose your medical and work benefits if you don’t follow your doctor’s instructions.
If you feel your doctor is not giving you the best advice, ask your workers’ compensation lawyers to help you seek another doctor’s opinion.
Failing to Keep Accurate Records
Keeping accurate and detailed records is crucial to your claim when you suffer a workplace injury or illness.
Keep track of the time you spend away from work due to your condition and any medical expenses you incur. The records you keep will ensure you receive the compensation you deserve.
Being Dishonest About Your Injury
You should be honest about your accident or injury with all parties involved, including your supervisor, doctor, and the insurance company.
Trying to increase your benefits by exaggerating your injury can backfire and result in a denied claim. A downplayed injury could also result in insufficient compensation.
Falsifying material facts may not only hurt your compensation claim but may also result in jail time.
Hiding Facts from Your Attorney
Your lawyer’s job is to ensure that you receive a fair settlement. To reach a successful settlement, you should tell your lawyer all the information related to your case, whether good or bad.
Do not leave out any details, no matter how tiny. The list includes prior injuries, current medical conditions, previous legal issues, financial difficulties, prior alcohol or drug use, employment history, or anything else your employer’s insurance company can use against you.
Keep in mind that your workers’ compensation attorney is fighting for you, and they cannot defend against something they are not aware of.
Signing Documents Without a Lawyer
You should always consult a lawyer before signing any documents from your employer or workers’ compensation provider. Once you sign your name on any settlement offer, you agree not to pursue any additional benefits.
Therefore, if your condition worsens after accepting the settlement offer, you may not be able to obtain additional benefits.
If you suffer an injury on the job, speaking with an attorney may be helpful. By working with a trusted attorney, you can avoid the mistakes above and make the process as smooth as possible.
For more information about workers’ compensation benefits or if you need a trusted lawyer, contact us today.
When To Hire a Workers’ Compensation Lawyer
In 2021, more than 2 million US workers suffered non-fatal work-related injuries and illnesses. The severity of these injuries can vary widely depending on the type of work done. Workplace injuries can result from overexertion, distractions, fatigue, violence, slip and fall, and poor housekeeping. The most common injuries suffered in a workplace setting include sprains, fractures, severed limbs, burns, cuts, lacerations, and back pain.
If you’re a workplace accident victim, the law entitles you to workers’ compensation. The compensation covers all expenses incurred due to job-related injuries or illness. The monetary reimbursement covers both economic and non-economic damages. These may include medical bills, lost quality of life, loss of earning capacity, pain, and suffering.
While the process of getting the compensation might appear straightforward, you’ll need a workers’ compensation attorney to navigate it. The attorney will collect evidence, prove your claim and negotiate to get you the right compensation. But you may wonder if your case calls for a workers’ compensation lawyer. If you’re in one of the following situations, you should hire one.
Your Employer Denies You Compensation
Your employer or insurance companies can deny you compensation for various reasons. One common scenario is when you suffer a minimal injury and don’t report it. If such injury goes unreported but worsens over time to affect your daily life and job, your employer or insurance can deny or delay compensation.
If your employer dismisses your claim citing legal reasons, hire a reputable lawyer to defend your rights. The attorney will investigate your case and offer the best legal representation with your best interests at heart. If the at-fault party doesn’t cooperate to ensure a reasonable settlement, the attorney may opt for a trial to get you the deserved compensation.
You Suffer Life-Altering Injuries
Workplace accidents can cause simple injuries such as scratches or minor cuts that only take a few days to heal. However, in severe cases, these accidents can lead to severe and permanent injuries such as limb loss, brain or spine injuries, or severe burns. Such workplace injuries can cause partial or total disability, negatively impacting the victim’s life.
Besides these injuries being life-changing, they can be very expensive to treat. As the victim, you should get the right compensation to cover medical expenses and other lasting damages. Such a claim can be worth significant compensation, and your employer might not be willing to pay. In such a case, you’ll need the right legal representation.
The right workers’ comp attorney will determine the accurate value of your claim and have solid evidence to prove the amount. The lawyer can ensure you get decent compensation that reflects all present and future damages resulting from the workplace accident.
You Get Low Compensation
While your employer may agree to compensate you for the injuries, they might offer a settlement that is too low. Such compensation may fail to cover the medical bills, lost wages, travel costs, and other losses related to workplace accidents. If your employer claims they have adequately compensated you but you have to pay for some expenses out of your own pocket, talk to a reputable workers’ compensation lawyer.
By working with the right attorney, all your bills and expenses are covered in the settlement. With adequate compensation, you can take care of all your financial needs for the time you won’t be working or earning.
Workplace accidents can happen to anyone. If you’ve suffered a workplace-related injury or illness, hire a worker’s compensation attorney as soon as possible. The attorney will guide you through the entire claim process to guarantee fast and favorable results. Contact Spooner & Perkins, P.C., for a free evaluation of your case.
Few things are as overwhelming as being injured on the job. In addition to the physical pain and distress, you may also face sky-high medical bills, lost wages, and the stress that arises from a workers’ compensation claim.
Fortunately, a workers’ compensation lawyer can be a great asset in your case. They will know the ins and outs of workers’ compensation and can help guide you through the process. Understand how a workers’ compensation lawyer can help you get the benefits you deserve.
A Lawyer Will Assess Your Case
A workers’ compensation lawyer will do is assess your case. They will look at the facts that surround your injury and determine whether or not you have a valid claim.
If they believe you have a strong case, they will help you gather the necessary evidence and documentation to support your claim. The case assessment is important because it will help you and your lawyer understand what benefits you are entitled to and how much your case may be worth.
A Lawyer Will Help You Navigate the System
The workers’ compensation process can cause confusion and frustration. A lot of rules and regulations can make the process seem strenuous.
If you’re not an expert, making a mistake that could cost you your claim can be easy. A good workers’ compensation lawyer is familiar with all you need to know and can help guide you through it. They will handle all the paperwork and communicate with the insurance company on your behalf.
They will also help you understand the complex process while being your advocate and fighting for your rights every step of the way.
A Lawyer Will Protect Your Rights
In some cases, the insurance company may try to take advantage of you. They may try to get you to settle for less than what you deserve or pressure you to return to work before you’re ready.
A workers’ compensation lawyer will protect your rights and make sure that you receive fair treatment throughout the process. They will be your advocate and fight for the best possible outcome in your case.
A Lawyer Will Represent You in Court
While very few workers’ compensation cases go to trial, have someone who is prepared to fight for you in court. When you take your case to court, the process can be a long and expensive process, but if you have a strong case, this may be the only way to get the benefits you deserve.
If your case does go to trial, your lawyer will be by your side every step of the way. They will help you prepare for court and present your case in the best light possible. This ensures that you have the best chance possible at a favorable outcome.
A Lawyer Will Handle the Appeal Process
If your claim is denied, you have the right to appeal. The appeals process can cause a lot of confusion and seem more complicated than the initial claim.
A workers’ compensation lawyer will help you navigate the appeals process and give you the best chance to get your claim approved. They will handle all the paperwork involved in the appeal process and help fight for your rights.
Therefore, a good workers’ compensation lawyer will fight to get you the benefits you deserve. They will work tirelessly to negotiate a settlement that covers all your losses, including pain and agony, lost wages, and medical bills.
If you’ve been injured on the job, don’t try to navigate workers’ compensation on your own. To ensure you get full compensation, seek expert assistance from Spooner & Perkins Attorneys at Law. We will provide you with an attorney who will immediately help you get started on your claim. Contact us to get the benefits you deserve. Let us fight for you!
You Need Chiropractic Care
First, confirm that you need chiropractic care before starting the sessions. Chiropractic treatment mainly targets problems in the musculoskeletal and nervous systems. For example, a chiropractor may help you deal with:
- Lower back pain
- Anxiety headaches
- Neck pain
The treatments involve manual or physical manipulation of the affected body parts. Thus, worker’s compensation might be reluctant to approve your treatment if it seems to fall outside chiropractors’ scope of treatment.
You Got Your Doctor’s Approval
Some people view chiropractic care as alternative medicine. However, most of the medical community has accepted the role of chiropractic care in managing certain health conditions. In many cases, you need a combination of medical and chiropractic treatment to treat musculoskeletal and nervous problems.
As such, you can strengthen your claim for chiropractic treatment if you get your doctor’s approval for the same. In fact, your doctor may refer you to a chiropractor, and you can use the referral to get worker’s compensation benefits for the treatment.
You Kept Worker’s Compensation in the Loop
You should always ensure worker’s compensation has your latest treatment records. The updates you forward to worker’s compensation should include your chiropractic treatments. That way, you prove to worker’s compensation that you have nothing to hide and your need for chiropractic treatment is above board.
In some cases, worker’s compensation may have to approve your chiropractic treatment first. Provide worker’s compensation with all the documentation they need and cooperate with them to get the treatment you need.
Your Health Has Improved
Worker’s compensation is typically reluctant to pay for unnecessary treatment. Unnecessary treatment does not help you recover from your work injuries. Worker’s compensation might classify your chiropractic treatment as unnecessary if your condition does not improve after multiple sessions.
Thus, one way to get benefits for future treatments is to prove how the past sessions have helped your injury. Documentation on your recovery process may help. Otherwise, the worker’s compensation department might argue that you don’t need further treatment sessions because they don’t help you.
You Got Consistent Treatment
Consistency is a huge deal with medical treatment. For example, you should always:
- Attend all follow-up consultations
- Take your medicine as the doctor prescribed
- Avoid food or drugs that your doctor prohibits
The same is true with chiropractic care; you must follow your chiropractor’s advice to the letter. In particular, you should prove that you have not skipped any of your sessions. For example, you might struggle to prove the need for further chiropractic care if you skip some sessions. The rationale is that the treatment is not that useful or necessary if you can skip them.
You Have Not Exceeded the Prescribed Visits
Worker’s compensation limits chiropractic treatment sessions you may get for your work injury. The predetermined limits are usually adequate for most issues that chiropractors handle. You will have an easy time with the insurance company if you keep your treatment within the preset limits. Do not exceed the limits without worker’s compensation approval.
Hopefully, you will get the compensation you need for your work injury. An experienced worker’s compensation lawyer can help you gather the relevant proof and maximize your benefits. Spooner & Perkins P.C. Attorneys at Law has been active in the worker’s compensation industry for decades. Contact us for a consultation to review your case and determine how to proceed.
Workers compensation insurance protects Americans against injury, financial suffering, and job loss from incidents and accidents at work. But what about when you’re driving in situations related to your work? This area of workers compensation law can be confusing, as it includes a number of exceptions and inclusions.
To help you understand your personal coverage, here are a few key answers to your questions about workers compensation and work-related travel.
Is Your Commute Covered?
As a general rule of thumb, the commute to and from your workplace is not covered under workers compensation policies. This is often called the going and coming rule, and it stipulates that covered injuries must arise out of employment or in the course of employment. Personal travel, even to or from the workplace, generally doesn’t fit either guideline.
However, as with many facets of travel related to work, there are exceptions to this rule. These are cases when the commute is considered to be a part of employment. For example, a commute in a company vehicle may be deemed to be part of a person’s business activity and therefore eligible for coverage.
Is Driving During Work Covered?
In general, travel done at the employer’s request is a covered activity. This includes both full-time drivers such as transportation crew and bus drivers as well as those who may drive only at select times. In this case, the driving arises out of your employment and is done in the course of employment.
This provides another major exception to the rules regarding a commute. Consider an employee who travels between two of their employer’s retail stores during their shift. In this case, the commute between the two locations is for the employer’s benefit and happens while they are on the clock. So it is likely covered by workers compensation. You may even be covered if you’re commuting to a temporary work location.
Is a Work Errand Covered?
What if your employer asks you to pick up doughnuts or drop off a company package at the post office on your way home? These work-related errands will often qualify as covered travel as well. They are part of an exception known as being sent on a special mission. The mission may simply be to pick up a cake for an office party, but it’s done at the request of the employer and for the employer’s benefit.
The situation may be murkier if the work errand is done while traveling to or from work, though. The total trip may only be partially covered as part of your employment with the rest (after dropping the package in the mail) may be considered your normal commute. This may be subject to case-by-case decisions.
Is Other Travel Covered?
Driving isn’t the only work-related travel today’s employees do, of course. What coverage do you have if you’re flying on a business trip, taking the train to a client meeting, or representing your employer at a multiday trade show? As with driving at the employer’s request, business travel is generally considered covered by workers compensation.
This is one of the biggest exceptions to the going and coming rule because all your activities are more likely to be covered throughout your business trip. This includes even what would normally be considered personal activities such as dining out, relaxing in the hotel spa, or driving to the airport.
Where Can You Learn More?
Work-related travel and workers compensation coverage can have many nuances and depend largely on the specifics of each travel situation. The best place to find out whether or not you’re covered in the event of an accident is to meet with Spooner & Perkins P.C. Attorneys at Law. We’ll help you determine whether you have a case for workers compensation and find the right next steps. Call today to learn more.
Get First Aid
Most workplaces have at least one employee trained in first aid for accident response purposes. Your workplace should also have a first aid kit. Immediately after an accident, have someone do first aid on you. First aid can prevent an injury from becoming worse, so have a trained colleague administer first aid immediately after the accident.
Seek Medical Treatment
Although the injuries you may have sustained may seem minor, they may become worse if left untreated. After an accident, you may also have underlying injuries that you don’t know about, so visit the doctor for a check-up. A doctor can verify the extent of your injuries and give you a medical report of your injuries. That report will come in handy when you file for compensation.
Have a colleague accompany you to the hospital. They can be a witness if you decide to claim compensation.
Report Your Injuries
Reporting your injuries gives you credibility and will be important if you decide to file a compensation claim. Report your accident to your colleagues if you were working alone when it occurred. This is important because your employer and other insurers may dispute your claim if there is an investigation.
A corrupt employer may pressure your colleagues to deny the incident. Therefore, you should also report your accident in the accident book. Some employers avoid reporting accidents in the accident book because of workplace-accident reduction targets. Therefore, you must take it upon yourself to ensure your accident is on the company record. If your employer refuses to record your accident, write or email them so there’s evidence that you tried to report the accident.
Another party you must report your injuries to after a workplace accident is your manager. In many workplaces, reporting an accident to your superior is required in the staff or procedure manual, so failing to report your accident to your supervisor could be considered a breach of work protocols.
A workplace accident attorney can help you establish whether your employer neglected their duty to protect you from and record any injuries at the workplace, which can strengthen your claim.
Take Photos and Videos
When you report your injuries, a dishonorable employer may try to discredit your claims. Therefore, photo and video evidence are crucial in a workplace-accident compensation claim. Take photos and videos of the accident site if your employer will not penalize you for it. Additionally, have photographic evidence of your injuries. Ensure all your photos and videos have dates to prove you took them on the day of the accident.
Ask a Colleague to Look Out for You at Work
While you are away recovering from your injuries, your employer may try to cover up what happened. Ask a trusted colleague to update you on any changes that may happen at your workplace and record the facts of the accident.
Record Your Injuries and Treatment Expenses
If the nurse or doctor did not record your minor injuries when you got to the hospital, you might have difficulty attributing them to the accident. Remember to maintain an updated record of all your symptoms from the day of the accident to prove your claim. Additionally, record all treatment expenses so you can file for compensation on them in your claim.
If you have been in a workplace accident, the attorneys at Spooner & Perkins, P.C., can help. Contact us today for a free case assessment, and if you need further legal representation, we will be there for you.
What to Do After a Rideshare Accident
Get to Safety
The first thing you should do immediately after any car accident, including one involving a rideshare vehicle, is to get yourself to safety and get the vehicle out of the road if possible. Don’t move anyone who is injured and cannot move themselves.
If you were the driver, turn your vehicle’s emergency lights on and move it out of the way of traffic if you can. Put up traffic cones or other hazard signals if you have them.
Contact the Police
As soon as everyone has made it to safety, call the police to document the accident. A thorough police report is important whether you’re the driver or the passenger, especially if you have damage on the vehicle or people are injured.
Rideshare companies’ insurance policies and personal insurance policies usually require a police report before compensation.
Missouri law also requires a police report for any car accident that results in:
· More than $500 worth of damages for any one party
· Any injuries or deaths
· Damage to a parked vehicle while the owner is not present
Document the Scene
Whether you’re an Uber or Lyft driver or a passenger in an accident, document the scene of the accident as thoroughly as you can.
If you were the driver, take pictures of your car from all four sides. Take pictures of any other vehicles involved and anything surrounding the scene.
If you have a dashcam, make sure you make a backup of the accident footage. Take a screenshot of your rideshare app to document whether you were on your way to a pickup or you had a passenger in your vehicle at the time of the accident.
If you were the passenger, make sure you take pictures of any visible injuries you have and the accident scene, including any identifying landmarks, skid marks, and vehicle debris.
While documenting vehicle damage as a rideshare passenger is often less important, having pictures of the accident scene can help corroborate information you provide about the accident to insurance companies for compensation.
Make sure to get the insurance information of every driver involved in the accident.
Seek Medical Care
Anyone in a rideshare accident should seek medical care, even if they feel fine and don’t think they are injured. Some common vehicle accident injuries can take a while to manifest symptoms, so you might not realize you’re injured right away — especially with your adrenaline pumping after an accident.
Visit your doctor, an urgent care clinic, or an emergency room to get a thorough examination so that any injuries you sustained are well documented immediately following the accident.
Contact Insurance Companies
If you’re a rideshare driver involved in an accident, you’ll need to report the accident to your company, as well as your insurance company. As a passenger, you’ll want to contact the insurance company of the at-fault driver to make a claim for any injuries or damages you sustained.
Insurance companies often try to pay as little as possible for injuries, so consult with a personal injury attorney before you agree to accept any settlement or dollar amount an insurance company offers.
Spooner & Perkins Attorneys at Law has served personal injury and workers’ compensation clients throughout the Kansas City metro area and rural Missouri for over 55 years. If you’ve been injured in an accident while you were a passenger in an Uber, Lyft, or other rideshare service’s vehicle, contact us and schedule a free consultation appointment to go over your options for a personal injury claim.
Workers’ compensation laws prescribe deadlines for injured employees to initiate their compensation claims. You should be aware of these deadlines so that you don’t miss your chance at workers’ compensation benefits. Read on to learn more about these deadlines.
Different Deadlines Apply
Several factors determine workers’ compensation deadlines. Some of these factors include the following:
Nature of Deadline
Employees have different deadlines for their workers’ compensation claims. For example, you must notify your employer about your injury or illness within a specific deadline. Workers’ compensation also has a specific duration within which your injury must reach them. These two deadlines may differ.
State Laws
State governments determine workers’ compensation laws. Thus, workers’ compensation claim deadlines vary by jurisdiction. For example:
- Missouri gives you 30 days to notify your employer about your injury and two years to file your claim with the Division of Workers’ Compensation.
- Kansas gives you 200 days to notify your employer of your injury and the same number of days to file your case with the Division of Workers’ Compensation.
Thus, the state that has jurisdiction over your workers’ compensation case determines the applicable deadlines.
Employer
Federal employees follow different workers’ compensation laws from other employees. As such, federal workers’ compensation claims also have different deadlines. You have three years to file your workers’ compensation claim as a federal worker.
Nature of Injury
Workers’ compensation claims cover accidental injuries, cumulative trauma, and occupational diseases. The main thing is that the disability relates to your work. The nature of the injury also affects the deadline. For example, occupational injuries and cumulative traumas usually have longer deadlines than accidents.
Late Notifications or Claims Are Possible
Workers’ compensation will likely deny your claim if you file it past the applicable deadline. However, exceptions exist to this rule. Below are some circumstances in which workers’ compensation may allow your claim after the deadline.
Incapacitation
Some injuries may leave you incapacitated and unable to send official notifications or file claims. At best, you may use someone (such as a workers’ compensation lawyer) to handle the notifications on your behalf.
However, even such arrangements are not always possible. For example, you may not be able to do anything if you are in a coma. A disability that requires immediate and prolonged inpatient treatment can also prevent you from filing your claim.
Quarantine
Highly contagious diseases often require isolation or quarantine to avoid spreading the infections to others. The notification deadline might stretch beyond the employer notification deadline. In such a case, workers’ compensation may allow your late notification.
Unclear Reporting Rules
Employers play a significant role in workers’ compensation claims. For example, employers should inform their employees on workers’ compensation notification and deadlines rules. Workers’ compensation laws require employers to post notices on these rules. You may file a late claim if you did not know about these rules because your employer failed to post the notice.
Employer Awareness
Lastly, you may also succeed with a late claim if your employer was or should have been aware of your injury. Consider a case where you slip and fall while walking around a warehouse with your supervisor. In such a case, your employer (through the supervisor) should be aware of your injury. Another example is if your employer learns about your injury from your colleagues.
Whatever the deadlines say, you stand to benefit the most if you notify your employer about your injury as soon as possible. For example, the sooner you make the notification, the faster your claim process will begin, and the faster you will get your money. Contact Spooner & Perkins P.C., to help you process your workers’ compensation claim and benefit from our decades of experience.
Workplace accidents are common, but they are not always cut and dry. There are many misconceptions about workplace accidents. If you would like to know more, check out these five common misconceptions about workplace accidents.
1. Myth: Office Workers Don’t Need to Worry About Injuries
You may feel that office workers don’t need to worry about workplace injuries. Unlike employees in more physical jobs, they aren’t handling major equipment, heavy boxes, forklifts, etc. However, regardless of your job, you could experience a workplace injury, such as fire exposure or a trip/fall.
However, office workers face other potential risks, such as possible hazardous or unclean indoor air. Poor indoor air quality can affect employee performance by preventing employees from breathing comfortably. Some may get sick more often.
Lastly, office workers have to sit at a desk for long periods of time, staring at a computer screen. For this reason, they are also at risk of developing eye strain or various ergonomic injures, such as carpal tunnel syndrome, forward head position, etc.
2. Myth: If You Were at Work: You Are Covered
If you were working at the time of the accident, you should be covered by workers’ compensation. However, insurance carriers and your employer don’t love paying money, so they may try to fight your claim. Your employer may claim you weren’t working at the time of the accident. For example, they may say you were leaving to go get lunch.
If you had a pre-existing condition, the insurance company may try to use this against you. You and your attorney will need to prove that work directly worsened the pre-existing condition. Other instances in which your claim may be denied include missed deadlines and filing after you leave the job.
3. Myth: You Can’t Ever Sue After a Work Injury
Typically, you can’t sue after a workplace injury, but there are a few exceptions. First, if your employer doesn’t provide workers’ compensation, you can sue. Similarly, if you file a claim but it is denied, you may be able to sue your employer, but you and your attorney will have to prove your case.
If a third party caused your injury, such as a defective product, you can sue the third party. If someone purposely attacked you or caused you injury, you may be able to sue. If you do get money from a lawsuit, you will need to pay back some or all the workers’ compensation.
4. Myth: Minor Injuries Don’t Need to Be Reported
After you are injured at work, there is a deadline to report the accident and file for workers’ compensation. However, if you only sustained a minor injury, you may see no point in reporting the accident. However, this could be problematic in the future.
If the accident ends up causing more injury than you realized, you may end up waiting too long to file. Even if you do file within the timeframe, failing to immediately report the injury reflects poorly on you, so they may deny your claim. In addition, if another injury aggravates the first injury, having the first injury on file could help your case.
5. Myth: Safety Requires Too Much Time and Money
Many employers shy away from safety training because they assume it costs too much money and takes up too much time. While occasional safety meetings are important, keeping employees safe doesn’t take much time. Posters placed in common areas like the break room can provide needed safety information.
In regard to money, your employer may have to spend some money to reduce hazards. However, in the long run, that will save them money by reducing the risk of injury.
If you’ve been injured while at work, consider hiring a skilled attorney. Your employer and the insurance carrier may try to fight your claim. If you would like to know more, contact us at Spooner & Perkins, P.C. today.
A request for the production of documents is one of the discovery tools parties to a case may use to learn more about the case. For example, the defendant in your auto accident case can submit a request for the production of documents to learn more about your preexisting injuries. Below are some tips on how to deal with such a request.
Respond in Time
Understand and respect the deadline. A request for the production of documents has a deadline within which you must submit your response. You must submit your request within the deadline or face the consequences.
For one, the defendant might file a motion to compel you to produce the documents with the court. The court might find you in contempt of its orders if you still don’t respond. Second, you risk a default judgment against you if you don’t respond in time.
Object If Necessary
Although you must respond within the deadline, you don’t have to produce every document that the defendant requested. You can object to the requests provided you have reasonable grounds for your objections. Below are a couple of objection grounds that the court might accept.
Burdensome Request
A good request is a reasonable request – something you can get without too much struggle within the stipulated deadline. That means the request should also be specific enough so that you understand what the defendant wants exactly.
For example, a request to produce all documents related to the case is too ambiguous and vague. You can object to such a request as too burdensome for you to meet.
Privilege Request
You don’t have to hand over privileged information to the defendant even if they include it in their request for the production of documents. For example, the defendant doesn’t have the right to access communications between you and your lawyer – the information is privileged.
Redact Necessary Parts
Sometimes, a defendant might request a document with sections of privileged, sensitive, or personal information. In such a case, you can redact or block out the information you don’t want the defendant to have.
Consider a case where a defendant wants a copy of a document with your bank account number or your children’s names. You can black out such information and still send the document to the defendant. Just make a note of the redacted documents and information somewhere to be on the safe side.
Answer in Writing
Although a request for production involves documents, you should submit a written answer to the requests plus copies of the requested documents. A request for production of documents will list the documents the defendant requires – most likely in a numbered list. You should answer each list and specify whether you have supplied the document or objected to the request.
Send Copies of Documents
Don’t send original documents. Otherwise, you might lose your precious documents due to an accident or the defendant’s error. Make copies of the documents, send the copies to the defendants, and keep the originals.
Don’t send your original documents even if you cannot make their copies. In such a case, inform the defendant that you cannot make a copy of the document and invite them to inspect the document in your presence. That way, you can keep an eye on the document at all times to prevent accidental damage or loss.
An experienced injury lawyer can help you handle the discovery process. Spooner & Perkins Attorneys at Law has over 65 years of experience in personal injury law. We pride ourselves on aggressive representation for our clients. Contact us for a consultation on your injury case to determine the best way to get you fair compensation.
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