A long time ago, one of the Wright brothers was asked:
Why were you so successful?
He answered:
“I was born in Ohio of good parents.”
Sometimes, something as simple as that is the key.
In Arizona, it seems that insurance companies and self-insureds who manage workers’ compensation litigate everything and every step of the case. Here at the Law Offices of Robert E. Wisniewski, we’ve argued that it’s too much and too often.
Nonetheless, we win cases when we have a likable and believable client. It is as simple as that—as simple as the Wright brother’s answer.
All of our clients are typically hard workers who get hurt on the job. Yet, some have an agenda, such as:
- “I want to get even with the insurance company”
- “I want to get revenge on my employer”
- “I am entitled”
- “They owe me and it’s not my fault”
- “I don’t like going to their doctor’s exams”
The individuals with these and other motives are the ones who typically don’t do well in the Industrial Commission hearing.
Here’s why:
Judges are human, too. They hear hundreds of cases and meet many injured workers each and every month. We find that the claimants with one of the attitudes listed above do not do well. Rather, if the injured worker is pleasant, sincere and describes his or her injury in a believable manner, we will likely win.
For example, if the worker is actively looking for employment, rather than having a prolonged period of absence and no attempts to work, that person will do better in the hearings than the worker who’s off for a longer period of time.
The more inconsistencies in a case, the higher the likelihood of losing.
We win cases when we have a credible client. A credible client is one with a consistent history of the injury that matches the medical treatment and the diagnosis.
In our experience, a client who demands multiple tests, MRIs, CT scans at the get-go “because he knows better” won’t do well. We generally win cases when we have a doctor who is able to relate the claimant’s specific injury to a specific diagnosis.
Sometimes, the worker comes across as overreaching because they want every medical test when they walk in the emergency room and claim to know better than the medical professionals. These clients don’t do well.
We win with clients who do not exaggerate their medical complaints. Rather, in the face of injury, these individuals try to find work, don’t complain to the judge and don’t make inflammatory statements.
We win with clients who litigate the facts by telling their story and letting the judge make the conclusion, rather than trying to argue with the judge and lead the judge to a conclusion. Let the judge do his or her job of connecting the dots in your case.
We win with clients who do not overblow their facts and complaints. We win with clients who are straightforward and congenial. We win with clients who look the judge in the eye and convince the judge of their case without demanding the judge rule in their favor.
We win with clients who do not have overreaching expectations. We win with clients who are cooperative, humble, respectful and everyday working people who present a very simple, unembellished claim to the judge. These are people who are hurt and just want their benefits.
If these are characteristics and qualities you have or are willing to embrace in your work injury claim, then we invite you to reach out to our Arizona workers’ compensation attorneys today for your free initial consultation.
Our mission is to provide justice for the injured worker. It’s that simple.
