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What is a Workers Compensation Case Workers compensation is a legal procedure that is initiated when an employee gets injured on the job It is designed to safeguard the worker from loss of income and to help pay for medical treatment and rehabilitation An injured worker could receive medical treatment wage loss benefits and even a settlement in an workers compensation claim 1 Medical Treatment Workers compensation insurance covers the majority of medical expenses for employees that are injured at work This includes the initial emergency treatment like an ambulance ride and then ongoing care including physical therapy medication as well as other expenses Injured workers also have the right to reimbursement for travel to cover the cost of transportation to and from doctors appointments This is particularly beneficial for those who suffer injuries that require surgery In many states the employer has the option of contracting with preferred provider plans or a managed care company for the treatment of employees injuries This allows both the employer and the insurer to monitor the quality of medical treatment and lower costs Finding a qualified medical professional for your treatment is crucial since you may require an expert doctor who is skilled in treating your particular injury Your doctor may also refer you to specialists for further evaluation and testing The list of Boardapproved providers will be provided by the office of your doctor However there are some exceptions Before beginning treatment make sure that your doctors name is on the list It is essential to follow the directions and guidelines of your doctor once youve discovered one In the absence of this it could affect your claim for workers compensation benefits It is also important to know that the Workers Compensation Board periodically updates its Medical Treatment Guidelines based on new information in the medical field as well as the suggestions of doctors These changes could cause harm to injured workers but an experienced attorney can assist you in understanding how they affect your case To prove that youve suffered an injury from work Workers compensation cases require proper treatment Your doctor will need to confirm that your ailments are linked to the workplace You arent able to return to the job you were employed in or engage in any other activities unless special limitations on work have been imposed on you In some states your employer could have to cover diagnostic tests like xrays or ultrasounds These tests will help you determine whether your symptoms are related or not to your job Your doctor will suggest that your employer cover any reasonable and necessary surgeries and injections to aid you in recovering from your injury 2 Wage Loss It is the capability to replace income lost due to an injury This is one of the biggest benefits of workers compensation Based on the state where you work you may be entitled to up to twothirds the amount of your preinjury earnings The severity and age of your injury will affect the amount you receive Some jurisdictions also have a limit on the weekly wage loss you can receive while you are receiving workers compensation You can ensure that you receive the most money you can by filing your claim as soon as you are able to Also you must be on time to meet all deadlines and notify your employer of the claim promptly An experienced attorney in workers compensation is the best way to determine if you have a valid claim This will ensure that you get the maximum amount of benefits allowed by the law including for lost wages and medical bills You may be eligible for a higher benefit rate if youre employment record shows that youve been actively looking for employment since the accident This is particularly relevant if youve been out of work for a significant period of time or have significant medical restrictions that keep you from returning to your previous job The best thing is that you do not have to pay any charges 3 Litigation The Claim Petition is the first step on the timeline for litigation The Claim Petition puts your case before the court system and starts the process of litigation It will state what injury you suffered when it happened how it happened and other information The insurer or employer might or may not reply to this request however once they do the matter is in the hands of an arbitrator who will decide the amount of benefits you can get and the length of time you will be entitled to them Some issues can be resolved by the Workers Compensation Board informally without hearing These include disputes about whether the injury is a result of work or not how severe your disability is the amount of monetary compensation you are entitled to and what medical care is required More complicated disputes require an inperson hearing before a Workers Compensation Law Judge The judge will consider each sides evidence and decide the amount of benefits you are entitled to During the hearing each attorney will submit written arguments to the judge These arguments will explain the evidence they have gathered and their positions on the issues If the judge is in agreement with the arguments of both lawyers he or she will issue an written Decision that details the outcome of the hearing and closes your workers claim for compensation The judge will send you a copy of the Decision in the mail When your employer or its insurance carrier disagrees with the investigation into claims and request an independent medical examination IME This is a doctors exam that your employer will pay to examine you and collect evidence The IME is a vital element of the litigation timeline because it provides your employer with vital medical evidence The IME will examine your medical records and make a report on your injuries and treatment Usually after your IME has been completed the employer will then hire an attorney to represent their part of the claim This can be a complex process that requires multiple legal experts and an extensive amount of time on the part of your employer Panelists suggested that injured employees who take pain medication as part of their treatment should be monitored closely during litigation They may be at risk for addictions if theyre taking too often or taking the wrong drug 4 Settlement A workers settlement for compensation is an agreement between you and your employers insurance company to pay you a particular amount of money This can be a lump sum amount or it could be split into regular installments over time A workers compensation settlement is a great way to end the lengthy process of managing your workplace injury But you shouldnt make a decision to settle a claim without first speaking with an experienced lawyer Settlements for workers compensation can be obtained for medical bills lost wages and other costs related to your injuries A settlement may assist you in covering the cost of future medical expenses and stop you from having to bring a lawsuit The state you live in will have its own laws that govern how a workers compensation settlement is managed but generally you can decide to settle your claim with a lump sum or structured payments Your situation and the severity of your injuries will determine the amount of your settlement The typical workers compensation settlement is 12000 However it may differ based on the nature and state of your injury The lawyer who handles your workers compensation will estimate the amount of your settlement and help you make an informed decision on when to settle No matter how large the amount the main thing is to settle the claim quickly This will save your insurance company time and money Sometimes insurance companies will offer a settlement before you even file your claim This is called an offerincommitment or preliminary offer The insurer may be motivated to put a settlement on the table because it has to start paying you benefits right away or because they are concerned that you will file a lawsuit Your lawyer may recommend that you accept the offer or negotiate the amount you want to pay workers compensation lawyer mission is up to you to make the best decision about your future If your insurance company has ruled against your claim you can request a hearing before an official judge or a workers hearings officer of workers compensation The judge will evaluate the case and determine an appropriate amount to settle for you It can be complicated but it is well worth the effort
