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What is a Workers Compensation Case A workers compensation case is a legal procedure that is initiated when an employee is injured on the job It is designed to protect workers from losing their earnings and also to pay for rehabilitation and medical treatment An injured worker may receive medical treatment or wage loss compensation and even a settlement when they are involved in a workers compensation case 1 Medical Treatment Workers compensation insurance covers the majority of medical costs for employees who are injured at work This includes the first emergency treatment which could include an ambulance ride It also covers ongoing care including physical therapy medication and other expenses The injured worker is also entitled to travel reimbursement for trips to and from doctors appointments This is particularly beneficial for those who need to undergo surgery Employers can choose to sign a contract with a managed care organization or preferred provider plans in the majority of states to treat workrelated injuries This permits both the employer as well as the insurer to monitor the quality of medical care and lower costs It is crucial to select the right medical provider for your treatment Your doctor may refer you to specialists to conduct further tests or evaluations The office of your doctor will usually provide you with the list of Boardapproved doctors to choose from although there are some exceptions Before beginning treatment make sure to make sure that your doctors name is listed on the list It is crucial to follow the directions and guidelines of your doctor once youve discovered one If you dont it can adversely affect your claim for workers compensation benefits Also the Workers Compensation Board frequently changes its Medical Treatment Guidelines This is based on new information and recommendations from medical professionals These changes could be harmful to injured workers but a knowledgeable attorney can help you understand the impact they have on your case To prove that youve suffered a workrelated injury workers compensation cases require proper treatment workers compensation lawsuit springdale must confirm that your symptoms are connected with the workplace You cannot return to the job you were employed in or engage in other activities unless work restrictions have been imposed on you It is also important to note that in some states your employer is required to pay for diagnostic tests such as xrays and ultrasounds These tests can help you determine whether your symptoms are connected or not to your job Your doctor will recommend that your employer cover any necessary and reasonable procedures such as implantations injections or implantations to aid you in recovering from your injury 2 Wage Loss Wage loss is the capacity to replace income lost because of an injury This is one of the greatest benefits of workers compensation You could be entitled to up to twothirds depending on the place you work of your preinjury earnings The amount you are awarded is based on a variety of factors including your age and the severity of the injury Many jurisdictions also have an upper limit on the amount of weekly wage loss you are entitled to when you receive workers compensation You can ensure that you receive the most money possible by submitting your claim as soon possible Also you must be on time to meet all deadlines and inform your employer of the claim promptly The best way to determine whether you have an appropriate claim case is to speak to an experienced workers compensation attorney This will ensure that you receive all benefits provided by law including lost wages and medical expenses You could be eligible for a greater amount of benefits if your employment background indicates that youve been actively looking for employment following the accident This is especially relevant if youve been out of work for a significant period of time or have severe medical limitations that prevent you from returning to your former work The most appealing aspect is that you do not have to pay any charges or out of pocket expenses 3 Litigation The Claim Petition is the first step on the timeline for litigation It puts your case before the court system and initiates the litigation process It will detail the injury dates times and other details While the employer or insurance company might not reply to the petition it will be sent to a judge who will determine the amount and for how long Certain issues can be settled by the Workers Compensation Board without formality without a hearing This includes disputes over whether the injury is related to work or not the degree of disability monetary awards payable to you and which medical treatment is appropriate More complicated disputes require an official hearing before a Workers Compensation Law Judge The judge will hear both 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 describe the evidence they have collected and their views on the issues they have raised If the judge agrees with the arguments of both attorneys he or she will issue a written Decision that details the outcome of the hearing and that your workers compensation claim will be closed The judge will send you a copy of the Decision via mail If your employer or insurance company disagrees with the claim investigation the company will usually request an independent medical examination IME It is a doctors test that your employer will pay for to examine you and gather evidence The IME is a vital part of the litigation timeline as it provides vital medical evidence to your employer The IME will examine your medical records and report on your injuries and also your treatment Usually once your IME has been completed your employer will then hire an attorney to represent their side of the claim This can be a complex procedure that requires multiple legal experts and an extensive amount of time on the part of your employer Panelists suggested that injured workers who take pain medication as part of their treatment must be closely monitored during litigation They could be addicted if they take too much or are using the wrong drug 4 Settlement A workers compensation settlement is an agreement between you and the insurance company of your employer to pay you a specific amount of money It could be a lumpsum payment or it could be structured into regular payments over time A workers compensation settlement may be a great option to go through the lengthy process of dealing with workplace injuries But you shouldnt sign a settlement agreement without first speaking with an experienced attorney Workers compensation settlements can be obtained to cover medical bills lost wages or other expenses resulting from your injuries Settlements can also help you cover future costs and keep you from having to bring a lawsuit Your state may have different laws that govern how a workers compensation settlement is handled but generallyspeaking you can decide to settle your claim for a lump sum or structured payments Your situation and the severity of your injuries will determine the amount of your settlement The average workers comp settlement is around 12000 but it could be higher or lower depending on the kind of injury and the state where you reside Your lawyer for workers comp will estimate the amount of your settlement and assist you to make an informed decision on the time to settle No matter how big the amount the most important factor is to settle it quickly This will save your insurance company time and money Sometimes the insurance company will offer a settlement prior to the time you have even filed your case 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 In these situations you can ask your lawyer that you accept the offer or bargain for a greater amount In the end it is up to you to make the right decision for your future If your insurance provider denies your claim you may have a hearing with a judge or a workers compensation hearings officer The judge will look over the case and decide on the fair amount of settlement for you Its a bit complicated however it is worth the effort
