Law Firm Blog

Odessa Personal Injury Lawyer

At the Rooth Law Firm, we fight for the workers’ compensation and Social Security Disability benefits you need and deserve.

The proud home of NFL legend Vinnie Testaverde is one of the fastest-growing communities in the nation. Between 2000 and 2010, Odessa’s population doubled as housing developments replaced the ranches, horse farms, and other open areas that once dominated this area.

Sudden growth increases injury risks. Construction companies notoriously cut corners when it comes to worker safety, especially in areas like Odessa, where deadlines are tight and competition is fierce. Furthermore, the narrow, winding roads in Odessa weren’t designed to handle high traffic volumes.

Job injuries usually lead to workers’ compensation claims and vehicle collisions often lead to Social Security Disability claims. An Odessa personal injury lawyer is an important partner in both matters. Generally, choosing the right lawyer makes the difference between maximum compensation for your serious injuries and settling for less.

SSD and Workers’ Compensation Nuts and Bolts

These two systems are very similar in many ways, mostly in terms of the burden of proof, benefits available, and claims process.

Workers’ compensation is no-fault insurance that covers job-related trauma injuries, such as falls, and occupational diseases, such as hearing loss. No-fault SSD benefits are available to claimants with permanent disabilities.

Both systems replace lost wages and pay medical bills. Workers’ compensation usually pays two-thirds of a victim’s AWW (average weekly wage) for the duration of a temporary or permanent disability. The insurance company must also pay all reasonably necessary medical expenses. SSD cash benefits depend on the nature and extent of the disability. These claimants are also eligible for Medicaid.

In terms of the procedure, a Claims Examiner (workers’ compensation) or Disability Determination Services officer (SSD) issues an initial approval or denial based on the medical bills and other paperwork. Since an Odessa personal injury lawyer cannot advocate for applicants at this stage, the denial rates are staggeringly high.

The environment changes significantly at a subsequent Administrative Law Judge appeal hearing. Attorneys have complete freedom to introduce evidence, challenge evidence, and make legal arguments at this trial-like hearing.

Length and nature of disability are the two biggest differences between workers’ compensation benefits and SSD benefits.

Workers’ compensation pays benefits if the victim is partially or totally disabled, either temporarily or permanently. SSD benefits are available if the applicant is permanently unable to work and meets other qualifications.

Usually, workers’ compensation is limited to physical injuries and any resulting emotional injuries (e.g., Sarah’s work-related car crash injuries include Post Traumatic Stress Disorder, a specific kind of physical brain injury). SSD benefits are available for almost any disabling medical condition, be it physical, mental, or emotional.

How Do I Find the Best Odessa Personal Injury Lawyer?

Usually, to successfully resolve a claim, an Odessa personal injury lawyer must have sharp litigation skills and good negotiating skills.

Litigators know how to build cases. They evaluate them and collect evidence that supports the victim’s claims and refutes possible defenses. Litigators also effectively present evidence in court. This process often involves a partnership with a doctor, accident reconstruction engineer, or other outside professional.

Quite simply, good negotiators know when to stand firm and when to compromise. A deficiency in either area unduly reduces the amount of compensation and/or delays the settlement.

Reach Out to an Odessa Personal Injury Lawyer

Victims need and deserve compensation for their injuries. For a free consultation with a board-certified workers’ compensation lawyer in Odessa, contact the Rooth Law Firm. Virtual, home, and hospital visits are available.