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What is a Workers Compensation Case Workers compensation is a legal process that takes place when an employee is hurt in the course of work It is designed to shield workers from losing their wages and to pay for rehabilitation and medical treatment An injured worker may receive medical care wage loss benefits and even a settlement in a workers compensation case 1 Medical Treatment Workers compensation insurance covers a majority of medical expenses for employees that are injured at work This includes the initial emergency treatment such as an ambulance ride It also covers continuing care that includes physical therapy medication and other expenses Workers who have been injured are also entitled to reimbursement for their travel expenses which will cover the cost of transport to and from their doctors appointments This is especially beneficial for those who suffer injuries that require surgery Employers have the option of sign a contract with a managed care organization or preferred provider plans in many states to treat workrelated injuries This is a means for both the insurer and the employer to lower costs by regulating the quality of medical care Choosing an appropriate medical provider to treat you is essential as you may need an expert in treating your specific injury Your doctor may also recommend you to specialists for further evaluation and testing The list of Boardapproved doctors will be provided by the office of your doctor However there are some exceptions Before beginning workers compensation attorney providence make sure that your doctors name is on the list After you have discovered a doctor is essential to adhere to their guidelines and instructions Failing to do so can adversely affect your claim for workers compensation benefits You should also be aware that the Workers Compensation Board is constantly updating its Medical Treatment Guidelines based on new information from the medical field and the suggestions of doctors These changes could cause harm to injured workers An experienced attorney can help understand how these changes affect your case The proper treatment is crucial when you are pursuing a workers comp claim to prove that you suffer from an injury at work and are eligible to receive the compensation for lost wages Your doctor will have to prove that your symptoms are related to the workplace and that you are unable to return to your previous job or perform other activities unless youve been given special work restrictions In some states your employer could have to cover diagnostic tests such as xrays and ultrasounds These tests are intended to determine if your ailments are due to work and assist you in understanding the medical condition you are suffering from and the appropriate way to manage it Your doctor will suggest that your employer cover any necessary and reasonable surgery and injections to aid you in recovering from your injury 2 Wage Loss Wage loss or the capability to replace income lost as a result of an injury on the job is among the most significant workers compensation benefits Based on the state where you are employed you could receive up to twothirds of the wages you earned prior to your injury The amount you receive is based upon a variety of factors such as your age and the severity of the injury In addition many jurisdictions place limits on the total amount of wage loss each week you could receive while you receive workers compensation A great way to ensure that you receive the maximum claim possible is to submit your claim as quickly as you can Also you must be sure that you meet all deadlines and inform your employer promptly The best method to determine if you have a valid claims case is to talk to an experienced lawyer for workers compensation This will help ensure that you get the maximum benefits available under the law including for lost wages and medical bills For instance you could be eligible to receive an increased benefit rate when you prove that youve been actively searching for work since you injured or suffered your accident This is especially the case if your injuries caused you to be unable to work or you have significant medical restrictions that prevents you from returning to work The great thing is that you dont need to cover any costs or outofpocket expenses 3 Litigation The first step of the timeline for litigation is to make the Claim Petition which places your case in the court system and starts the process of litigation The claim petition will outline the kind of injury you suffered when it occurred the manner in which it happened and any other details Even though the insurance or employer company might not reply the petition is then given to a judge who will determine the amount and for how long The Workers Compensation Board has the ability to resolve some issues without having to hold an appeal These include disputes about whether the injury is workrelated the severity of your disability is the amount of monetary compensation you are entitled to and the type of medical treatment you require More complicated disputes require an official hearing before a Workers Compensation Law Judge The judge will hear evidence from both sides and make an announcement regarding the amount of benefits you are eligible to receive During the hearing the attorneys will present written arguments to the judge The arguments will detail the evidence they have gathered as well as their positions on the issues If the judge accepts the arguments of both lawyers they will issue a written Decision which outlines the outcome of the hearing and closes your workers claim for compensation The judge will send you a copy of the Decision via mail If your employer or the insurance company disagree with the claim investigation They will usually require an independent medical examination IME This is a medical examination which your employer will pay for in order to check you and collect evidence The IME is a crucial element of the litigation timeline because it gives your employer important medical evidence The IME will look over your medical records and prepare a report about your injuries and treatment Typically once your IME has been completed your employer will hire an attorney to represent their side of the claim This can be a difficult process that will require many legal experts and lengthy time on the part of the employer Workers who have suffered injuries who are taking medications for pain as part their treatment might need to be watched closely in the course of litigation panelists noted They could be at risk of addictions if theyre taking too much or using the wrong drug 4 Settlement A workers settlement for compensation is a contract between you and your employers insurance company to pay you a certain amount It can be a lump sum payment or it can be broken down into regular installments over time A workers compensation settlement may be a good option to navigate the long process of dealing with workplace injuries You should not agree to settlement without consulting with an experienced attorney You can receive a workers settlement from your workers compensation insurance for your medical costs lost wages and other expenses resulting from your injury A settlement can help you cover future costs and keep you from filing a lawsuit Each state has its own laws regarding how a workers compensation settlement is handled but generallyspeaking you can decide whether to settle your claim with a lump sum or structured payments Your situation and severity of your injuries will determine the amount of your settlement The average workers compensation settlement is 12000 However it may vary depending on the type and state of your injury Your workers comp lawyer can help you determine the amount of your settlement and help you make an informed decision about the best time to settle Regardless of the amount the key is to settle the claim quickly This will save you and your insurer a lot of time and money Sometimes an insurance company will offer to settle your claim before you even file 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 Your lawyer could recommend that you accept the offer or negotiate more In the end it is up to you to make the best choice for your future If your insurance provider denies your claim you can request a hearing before a judge or a workers compensation hearings officer The judge will examine your case and decide on the amount of settlement that is fair Its not always easy but it is well worth the effort
