by David P. Nomberg, Partner, The Nomberg Law Firm
We specialize in representing employees injured at work. Our Firm has over 75 years of legal experience representing clients in workers’ compensation cases. We provide legal counsel and guidance to our clients through tough times. Some people choose not to hire an attorney. Here is an example of what happens when the client negotiates for himself vs. when a lawyer prepares his case for trial and negotiates on the client’s behalf.
In December 2013, an injured worked entered into a proposed settlement with the insurance company. He was not represented by counsel at the time he agreed to the settlement. Alabama state law requires that workers’ compensation settlements be approved by a circuit court judge or the Alabama Department of Labor. The proposed settlement of $20,000 was reviewed by a judge who did not approve the settlement and recommended the man discuss the matter with a lawyer. We are glad the judge recognized that this proposed settlement agreed upon by the injured worker, who was not represented by counsel, was just not fair and reasonable.
He was then referred to our Firm by another lawyer who knows we handle workers’ compensation claims. After reviewing the facts, we were of the opinion that the settlement was not fair and reasonable either.
We filed a workers’ compensation lawsuit in Jefferson County on behalf of our client. We litigated the case. We deposed the company’s corporate representative, we had our client assessed by a vocational disability expert and had him participate in a functional capacity evaluation. We prepared the case for trial. A few days before the case was set for trial, we reached a settlement for $127,500.
This was a significant increase over the first settlement and based upon the facts of the case, was fair and reasonable. The employer is also responsible for paying for our client’s future medical care related to his injuries sustained in the accident. We are most proud of this result for our client.
This case hi-lights the importance of hiring an attorney who has experience in the particular area of law the case concerns. When your teeth hurt, you don’t want a podiatrist messing around in your mouth. When you have an on the job accident, talk with an attorney who specializes in workers’ compensation cases.
If you have questions about a workers’ compensation claim, please call us today at (205) 930-6900. To find out more about the Nomberg Law Firm, please go to our website nomberglaw.com.
The Nomberg Law Firm: Representing the injured men and women of Alabama since 1967.
David P. Nomberg has practiced workers’ compensation law in Alabama for more than 13 years. David has earned an AV rating from Martindale-Hubbell’s peer-review rating. He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro and Birmingham Magazines.