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What is a Workers Compensation Case A workers compensation case is a legal procedure which occurs when an employee is injured on the job It is designed to safeguard 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 attention as well as wage loss benefits and even an settlement 1 Medical Treatment Workers compensation insurance covers a majority of medical costs for employees who are injured at work It covers the initial emergency treatment such as an ambulance ride and 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 especially helpful for those who suffer injuries that require surgery Employers have the option to contract with a managed care organization or preferred provider plans in many states to treat workrelated injuries This is a means for both the employer and the insurer to cut costs by regulating the quality of medical care Selecting workers compensation lawsuit toledo for your treatment is crucial in that you might require a specialist in treating your particular injury Your doctor can also recommend you to specialists for further testing and evaluation The list of Boardapproved providers will be provided by the office of your doctor However there are some exceptions You should verify to confirm that your doctor is on this list prior beginning treatment It is important to follow the instructions and guidelines of your physician when youve found one Failing to do so can adversely affect your claim for workers compensation benefits Also the Workers Compensation Board frequently updates its Medical Treatment Guidelines This is an outcome of new information and advice from doctors These changes could affect injured workers however a knowledgeable attorney can help you understand how they impact your case The proper treatment is crucial in a workers compensation case to establish that you have an injury that is related to work and are eligible to receive the benefit of lost wages Your doctor must document that your symptoms are related to the workplace and that you are unable to return to work or engage in other activities unless you have been given specific work restrictions In certain states your employer might be required to pay for diagnostic tests like xrays or ultrasounds These tests can help you determine whether your symptoms are related or not to the workplace Your doctor will suggest that your employer cover any necessary and reasonable surgeries or injections whether implantations or surgeries to help you recover from your injury 2 Wage Loss Wage loss is the capacity to replace income lost due to an onthe job injury This is among the biggest benefits of workers compensation You may be eligible for up to twothirds depending upon where you work of your preinjury earnings The amount you receive is based on a variety of factors including your age and the severity of your injury Additionally some jurisdictions place limits on the total amount of weekly wage loss that you could receive while you are receiving workers compensation You can be sure to receive the most money you can by filing your claim as soon possible Also you must adhere to all deadlines and inform your employer immediately The best method to determine if there is an appropriate claim is to speak with an experienced workers compensation attorney This will ensure that you receive the maximum benefits available under the law such as those for medical expenses and lost wages For example you may be eligible for a higher benefit rate in the event that you can prove you have been actively searching for employment since you were injured or suffered your accident This is particularly applicable if youve been out of work for a significant time or are dealing with significant medical restrictions that prevent you from returning to your former job The best thing is that you dont need to pay any fees 3 Litigation The first step in the litigation timeline is to file the Claim Petition that puts your case in the court system and starts the litigation process It will describe the incident date time as well as other details Although the insurance company or employer company might not be able to respond the petition is then sent to a judge who will decide on the amount and for how long Some issues can be resolved by the Workers Compensation Board informally without hearing This includes disputes over whether the injury is workrelated or not the extent of your disability the amount of money you can receive to you as well as what medical treatment is appropriate More complicated disputes require a formal hearing before a Workers Compensation Law Judge The judge will consider both sides evidence and then make a decision on the amount of benefits you are entitled to During the hearing both attorneys will submit written arguments to the judge These arguments will explain the evidence they have gathered as well as their position on the issues If the judge agrees with both attorneys he or she will issue a written decision which outlines the findings of the hearing and that your workers compensation claim is closed You will receive a copy of this Decision by mail If your employer or insurance company do not agree with the investigation into your claim They will usually request an independent medical examination IME This is a doctors exam that your employer pays for to examine you and collect evidence The IME is an essential element of the litigation process because it provides your employer with crucial medical evidence The IME will look over your medical records and prepare a report about your injuries and treatment Usually after your IME is completed your employer will then hire an attorney to represent their side of the claim This can be a difficult procedure that requires numerous legal experts and a considerable amount of time on the part of the employer Workers who have been injured and are taking pain medications as part of their treatment may have to be monitored carefully during litigation panelists said They could be addicted when they consume too much or are using the wrong medications 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 can be a lump sum amount or it could be broken down into regular installments over time A workers comp settlement can be an effective method to conclude the lengthy process of handling your workplace accident However you should never agree to a settlement without first speaking with an experienced lawyer Settlements for workers compensation can be obtained to cover medical expenses lost wages or other expenses related to your injuries A settlement can help you cover the cost of future medical expenses and prevent you from having to file an action Each state has its own laws governing workers compensation settlements However you have the option of choosing whether to settle your claim in 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 approximately 12000 but it could be higher or lower based on the kind of injury and the state in which you reside Your lawyer for workers comp will estimate the amount of your settlement and help you make an informed decision on the best time to settle Whatever the amount the key is to settle the claim quickly This will save you and your insurer much 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 Your lawyer could recommend that you accept the offer or negotiate a higher amount Youll ultimately have to make the best choice about your future If your insurance company rejects your claim you may request a hearing before either an adjudicator or a workers compensation hearings officer The judge will look over your case and decide on the amount of settlement that is fair It can be complicated however it is worth the effort
