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What is a Workers Compensation Case Workers compensation is a legal proceeding which occurs when an employee is hurt while on the job It is designed to protect the worker from loss of income and to pay for medical treatment and rehabilitation In the course of a workers compensation case it is possible for an injured worker to receive medical treatment or wage loss compensation and even a settlement 1 Medical Treatment If an employee is injured on the job workers comp insurance usually will cover medical treatment This covers firstaid treatment which could include an ambulance ride as well as regular care including medication and physical therapy The injured worker is also entitled to reimbursement for travel expenses to and from doctors appointments This is particularly helpful for those who have injuries that require surgery Employers have the option of contract with a managed care organization or preferred provider plans in the majority of states to treat injuries resulting from work This is a means for both the insurer and the employer to reduce costs by regulating the quality of medical care It is essential to select the right medical practitioner for your treatment Your doctor may refer you to specialists to conduct further tests or evaluations The list of Boardapproved practitioners will be provided by the office of your doctor However there are some exceptions Before you begin treatment confirm that your doctors name is listed Once you have identified a doctor it is crucial to follow their instructions and guidelines In the absence of this it could adversely affect your claim for workers compensation benefits Additionally the Workers Compensation Board frequently updates its Medical Treatment Guidelines This is in response to new information and recommendations from doctors These changes can sometimes cause harm to injured workers An experienced attorney can help you know how these changes affect your case The proper treatment is crucial in a workers compensation case to prove that you suffer from a workrelated injury and are eligible for the compensation for lost wages Your doctor will need to confirm that your symptoms are related with the workplace You arent able to return to the job you were employed in or engage in other activities unless special limitations on work have been imposed on you It is also important to keep in mind that in some states employers must pay for diagnostic tests like ultrasounds and xrays These tests are intended to determine if your symptoms are related to your work and help you understand the nature of your illness and the steps needed to cure it Your employer is also responsible for any reasonable and needed surgeries implantations or injections recommended by your doctor to help you recover from your injury 2 Wage Loss It is the capability to replace income lost due to an onthe job injury This is among the most important benefits of workers compensation You could be eligible for up to twothirds depending upon where 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 In addition some jurisdictions place limits on the total amount of wage loss each week you can receive while you are receiving workers compensation An effective way to make sure that you receive the most benefit from your claim is to make your claim as soon as you can Additionally you must meet deadlines and notify your employer as soon as possible The best method to determine whether you have a valid claim is to talk to an experienced lawyer for workers compensation This will ensure that you receive all benefits allowed by law which includes lost wages and medical bills You could be entitled to a higher benefit rate if youre employment background indicates that youve been actively looking for employment following the accident This is particularly true if you have been out of work for some time or are dealing with serious medical issues that hinder you from returning to your previous employment The best part is that you dont need to pay any charges 3 Litigation The Claim Petition is the first step on the timeline of litigation It puts your case in the court system and begins the litigation process The claim petition will include the nature of the injury dates times as well as other details Although 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 addressed by the Workers Compensation Board informally without hearing These include disputes regarding whether the injury was caused by work your degree of impairment the amount of financial 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 consider both sides arguments and then make a decision on the amount of benefits you are entitled to During the hearing attorneys present written arguments to the judge These arguments outline the evidence theyve gathered and their position on the issues they have raised If the judge accepts the arguments of both lawyers the judge will issue a written decision that states the outcome of the hearing and concludes your workers compensation claim You will receive a copy this Decision via mail If your employer or insurance company disagrees with the claims investigation and require an independent medical examination IME This is a medical examination that your employer will pay for in order to test 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 go through your medical records and then write a report on your injuries and treatment Usually after your IME is completed your employer will hire an attorney to represent their side of the claim This can be a complex process that requires many legal experts and long time on the employers part Workers who have suffered injuries who are taking pain medication as part of their treatment could need to be monitored carefully during litigation panelists suggested They could develop addiction when they consume too much or are using the wrong medications 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 workers compensation settlement layton can be a lump sum payment or it could be broken down into regular payments over time A workers comp settlement could be a beneficial method to conclude the lengthy process of handling your workplace accident It is not advisable to sign a settlement without consulting an experienced attorney Settlements for workers compensation can be obtained for medical expenses lost wages or any other expenses related to your injuries A settlement may also help you cover the cost of future medical expenses and stop you from being forced to make a claim Each state has its own laws on workers compensation settlements However you can choose whether to settle your claim in a lump sum or structured payments Your personal situation and the severity of your injuries will determine the amount of your settlement The average workers comp settlement is about 12000 but it can be much higher or lower depending on the nature of the injury and the state in which you reside The lawyer representing you in workers compensation can help you determine the amount of your settlement and make informed choices about the time to settle No matter the amount the most important thing is to settle quickly This will save your insurer time and money Sometimes the insurance company might offer to settle your claim before you have even filed it 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 instances the lawyer may suggest that you accept the offer or negotiate for a larger sum Youll ultimately have to make the right decision regarding your future If your insurance company denies your claim you are able to have a hearing with an adjudicator or a workers compensation hearings officer The judge will evaluate the case and determine a fair settlement amount for you Its a bit complicated however it is worth the effort
