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Workers Compensation Litigation Workers compensation benefits could be available to you if you were injured on the job However employers and their insurance companies typically resist claims This means you require an experienced attorney for workers compensation to fight for your rights An attorney who is familiar with the laws in Pennsylvania can help you receive the amount of compensation youre due The Claim Petition The Claim Petition is a formal written notice to your employer and insurance company that outlines the specifics of your injury or illness It also provides a explanation of the impact of the injury on your job tasks This is often the first step in a workers compensation caseand is necessary to receive benefits Once the claim petition has been filed with the Court the copies are served on all parties concerned the employee employer and insurer After being informed they are required to respond within 20 days The process can last anywhere between a few weeks to several months The judge examines the claim and decides whether a hearing is scheduled Both parties give evidence and present written arguments during the hearing The Single Hearing Member then prepares an award based on the arguments of both parties as well as the evidence presented It is crucial for an injured worker to seek out an attorney as soon as possible after a workplace accident An experienced lawyer for workers compensation can help you ensure your rights are protected throughout the entire process The Claim Petition provides the date of the accident and outlines the nature and severity of the injury It also lists thirdparty payers like clinics that have outstanding bills major medical insurance companies and other employers or organizations that have made payments to the injured employee that should have been reimbursed by the workers compensation insurance company Another vital aspect of claims is to establish whether or it is true that Medicare or Medicaid has paid medical bills for the body parts that have been injured or conditions mentioned in the claim If Medicare or Medicaid did then the insurance company the petitioner and their attorney should request proof of the payment in order to recover any amounts that are not paid In this instance Medicare had paid a significant amount of money for treatment for the knee and elbow injuries Utilizing the Medicare payment ledger that the workers insurance company gave to the judge the insurance company as well as its attorneys were able find the information Mandatory Mediation Mandatory mediation is the method that a neutral third party the mediator assists parties to resolve their disagreement It is typically a state workers compensation board judge or employee The mediator helps the parties reach a resolution prior to trial The mediator helps both sides formulate concepts and ideas to meet all of their primary interests Sometimes a resolution is completely acceptable to one or the other but sometimes it only will satisfy the expectations of both parties Mediation is an affordable and costeffective option to settle a worker claim for compensation It has been shown to be less costly than going to court and a favorable outcome is more likely A mediator appointed for workers compensation cases is not billed by the judge as opposed to civil litigation which usually charges an hourly rate for mediation If the parties decide to participate in mediation they will submit the Confidential Mediation Memorandum to the mediator that provides the cases details and the most important issues This is a crucial step to ensure that the mediation process goes smoothly The mediator will be able learn more about the case of each party and what settlements are possible The memorandum should contain details like the average weekly wage and compensation rates as well as the amount of any backdue payments that are due the overall value the state of negotiations and everything else the mediator should be aware of about the case of each party Some advocates of mandatory mediation believe this process is necessary to lessen the amount of work and expenses associated with contested litigation Others consider that this type of mandated process can compromise the quality of voluntary mediation and the empowerment of parties that it confers These debates have raised doubts about the compliance of mandatory mediation with the standards for good faith participation confidentiality and enforceability These issues are particularly relevant in the context of the court system which is eager to implement mandatory mediation as a method to reduce its dockets and adversarial litigation Settlement Negotiations Settlement negotiations are a crucial component of workers compensation litigation They are usually conducted between the claimant and insurance company They can be conducted facetoface by phone or via correspondence If they are able to reach a fair and reasonable agreement the parties become legally bound by it and the disagreement is resolved In workers compensation the injured worker usually receives a lumpsum or an annual payment This can be a significant amount of money and can cover the cost of medical treatment loss of wages and ongoing disability The amount of a settlement depends on many factors including the severity of the injury An experienced workers compensation attorney will help you establish realistic expectations and fight for every dollar you are entitled If youre injured at work The insurance company is likely to pay your claim as quickly and cheaply as is possible Theyd like to avoid having to pay you all the cost of medical expenses and lost wages they would have incurred if they settled the claim through the court system These shortterm offers can be very difficult to defend against In many instances the adjuster may make an offer thats far lower than what youre looking for The insurance company will attempt to convince you that they offer a fair deal A competent lawyer will review your workers compensation claim prior to negotiating They will also make sure that the settlement meets all of the requirements required to be approved by the SBWC or Virginia Workers Compensation Commission It is important to remember that in the state of New York settlements must be approved by the insurance company as well as the SBWC before they can be considered legally binding You have the option of pursuing a formal appeal before an administrative judge panel if you believe the settlement is unfair It is not unusual for one party to press the other to accept a settlement offer which does not meet their needs during negotiations This is referred to as a settlement demand A settlement demand that a plaintiff cannot accept can be used against them in court at a trial It is essential to negotiate in a fair method not trying to force the other side to agree to a settlement that does away with their requirements Trial The majority of workers compensation cases are resolved or settled without the necessity of a trial These settlements are negotiated between the injured worker and the employer or insurance company and typically involve an amount of money in one lump for future medical treatment with some of the funds going to the Medicare SetAside fund There are many reasons a dispute can arise in workers comp cases An employer or insurer may not accept liability for an accident They may not believe that the worker sustained injuries while working Or they might disagree with the diagnosis made by the doctor who treated the worker A hearing before an judge is the initial step to bring a case to trial This hearing hears testimony from witnesses and then decides legal and factual issues workers compensation attorney lynchburg may last between a few hours to several weeks In addition to deciding on legal and factual issues a trial could also be used to determine what wages or medical benefits are owed A judge will award benefits on the basis of the evidence and the evidence presented during the trial The worker may appeal the decision of the judge if theyre not satisfied Appeal can be made to the Appellate Section or the Workers Compensation Board Although only a small percent of claims for workers compensation go to trial the odds of winning are very good Workers do not have to prove that their employer or any other party was the cause of their accident to be successful in their workers comp claims In a trial there are many questions that a judge can ask both sides One example is when the judge might ask the employee to explain what caused their injury and how it will impact their life An attorney can also provide expert testimony or depositions of doctors These are critical in proving the extent of the disability of the worker and what type of treatment they need to stay healthy A trial can be a lengthy procedure but its worthwhile to ensure that the injured person is satisfied with the result of the case It is important that you have an experienced attorney to help you navigate the process
