California’s workers’ compensation system entails a lot of back-and-forth between all parties involved, in order to come to a mutually beneficial agreement. Unfortunately, sometimes, that just doesn’t happen.
Sometimes, despite the best efforts a workers’ compensation lawyer in Huntington Beach invests, there’s simply no other solution than for a case to go to trial. When that happens, the only question injured workers have in mind is: “What are the odds of me winning the case?”
Today, we’ll be exploring different facets of this scenario, including the odds of winning a workers’ compensation trial, as well as the pros and cons of letting the case end up before a judge.
What percentage of workers comp cases go to trial in California?
You will be glad to know that specialized lawyers do a marvelous job keeping workers’ compensation cases (and their clients) away from lengthy and tiresome litigations, either by settling them out of court or through mediation/arbitration. That’s why the number of work comp cases in CA that actually go to a full-on trial in California as a whole is incredibly low – less than 5%.
What are the odds of a worker winning a workers’ compensation case in OC?
In Orange County, CA, the likelihood of an injured worker winning a workers’ compensation case at trial is relatively high, with approval rates for claims ranging from 50% to 90%. Still, the specific win rate can vary depending on numerous factors, including but not limited to:
- The quality of evidence presented;
- The quality of representation by legal counsel;
- The credibility of the applicant;
- The credibility of the applicant’s witnesses.
Pros and Cons of Going to Trial in OC:
Taking a workers’ compensation case to trial has several advantages and disadvantages, the most notable being:
Pros:
- Potential for Full Recovery: Winning a workers’ comp claim in OC at trial can result in receiving the full amount of benefits and compensation deserved, covering medical bills and other related expenses.
- Legal Precedent: In many cases, a favorable trial outcome in an OC workers’ comp court may set a legal precedent, which can greatly benefit other injured workers in California and OC in similar situations.
- Finality and Clarity: A trial decision provides for a definitive resolution to the dispute between the applicant’s attorney and their client and the defense attorney and their client (the insurance company), avoiding prolonged and unnecessary negotiations.
Cons:
- Lengthy Process: Trials can potentially and significantly prolong the resolution process, causing extended periods without financial relief – a strategy many insurance companies are accused of using due to no statute of limitations for a workers’ compensation claim to be settled.
- Increased Stress: The work comp trial process can be extremely stressful, requiring substantial preparation, and possibly involving cross-examination.
- Risk of Lower Compensation: There is always a risk that the trial outcome may result in less compensation than what was offered during settlement negotiations.
- Strain on Professional Relationships: Taking a case to trial can strain relationships with the employer, potentially affecting future employment opportunities. While any type of employer retaliation is against the law, sadly, it remains a concern for injured workers throughout OC.
Who’s considered a top-tier workers’ compensation lawyer near me in Huntington Beach?
The California Workers’ Compensation Lawyers are among the most prominent specialists in their field – not only in Huntington Beach but throughout the Orange County area. With a century of combined experience in their field, extensive knowledge of the subject matter, and intimate familiarity with the workings of the process, we’re the top choice of legal team to represent your case – in or out of court. Reach out to us today for a FREE consultation!
