If you suffer an injury on the job, you are entitled to receive compensation for your injuries and lost wages. However, even if it seems like an open and shut case, insurance companies didn’t become profit giants because they blindly pay out full benefits for every person who files a claim. You’re likely to get some pushback from your employer’s insurance company in the form of a denied claim or an award offer lower than you expected. You know you’re entitled to more, but how do you go about proving this? With an expert witness.
What Is An Expert Witness?
An expert witness is someone who has expertise in a specific area based on their education, their experience in the field, their training or their knowledge about the industry. Essentially, their word carries more weight in certain circumstances, which can make all the difference when it’s coming down to your word versus the word of your employer’s insurance company in front of a workers’ compensation judge.
One of the most common experts called to testify during a workers’ compensation hearing is a doctor or similar medical expert. If the insurance company is arguing that your injuries aren’t as significant as you claim, who better to speak to the extent of your injuries and how they may affect your work capacity going forward than someone who has decades of experience treating similar injuries?
So while doctors and medical personnel are likely the most commonly called experts during a workers’ compensation case, they are far from the only experts that could make an appearance. Depending on your case, your lawyer may call one or more of the following experts:
Accident Reconstruction Expert – If the facts of the incident are up for dispute, an accident reconstruction expert can help look at the evidence and provide an expert analysis of the scene of the injury. From looking at brake skid marks to analyzing maximum load amounts, an accident reconstruction expert can help back up your claims.
Occupational Expert – If there is a dispute about your work capacity following an injury, an occupational expert can explain why you can or cannot return to certain duties following an injury.
Mechanical Engineers – If you were injured by a defective product or improperly serviced machinery, an engineer can explain why the injury occurred and where the fault lies.
Economics Expert – If the insurance company is questioning the amount you’re asking for, an economics expert can explain both the short-term and long-term ways your injury will impact your finances and your earnings capacity.
OSHA Compliance Expert – If your employer was in violation of OSHA standards, an expert can help prove that they are on the hook for specific damages.
These are just a few of the experts that are often used to strengthen a person’s claim, and while it will cost money to have them take time out of their day to testify in your case, their word can make all the difference in your award amount. We don’t always call expert witnesses because they aren’t always needed, but we have access to a variety of experts should they become necessary for your case. It’s a good option to have in your back pocket if needed.
So if you want to move forward with the best chance of proving your case, go with the firm that has access to expert witnesses in a variety of fields. For more information, contact Dean Margolis and the team at Margolis Law Office today.
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