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What is a Workers Compensation Case Workers compensation is a legal process that takes place when an employee gets injured while on the job It is designed to protect the worker from loss of income and also to help pay for medical treatment and rehabilitation An injured worker may receive medical treatment or wage loss compensation and even a settlement in a workers compensation case 1 Medical Treatment Workers compensation insurance covers the majority of medical expenses for employees that are injured while on the job It covers the initial emergency treatment which could include an ambulance ride as well as ongoing care including medication and physical therapy The injured worker also has the right to reimbursement for travel expenses to and from doctors appointments This is especially useful for those who are required to undergo surgery Employers can opt to contract with a managedcare organization or preferred provider plans in many states to treat injuries resulting from work This is a means for both the insurer and the employer to reduce costs by controlling the quality of medical treatment The choice of a medical professional for your treatment is important since you may require an expert doctor who is skilled in treating your particular injury Your doctor may also refer you to specialists to conduct further tests and evaluation The list of Boardapproved doctors will be provided by your doctors office However there are some exceptions Before you begin treatment make sure to confirm that your doctors name is listed on the list It is essential to follow the instructions and guidelines of your physician once you have found one In the absence of this it could negatively impact your claim to workers compensation benefits It is also important to know that the Workers Compensation Board periodically updates its Medical Treatment Guidelines based on new information in the medical field as well as the recommendations of doctors These changes can sometimes cause harm to injured workers but a skilled attorney can help you understand how they impact your case To prove that you have sustained an injury related to work workers compensation cases require proper treatment Your doctor must confirm the connection between your symptoms to your job You cannot return to the job you were employed in or engage in any other activities unless work restrictions have been imposed on you In certain states your employer might be required to pay for diagnostic tests like xrays or ultrasounds These tests will help you determine whether your symptoms are connected or not related to work Employers are also required to pay for all reasonable and necessary surgeries implantations or injections recommended by your physician to help you recover from your injury 2 Wage Loss Wage loss is the ability to replace income lost because of an injury This is one of the greatest benefits of workers compensation You could be eligible for up to twothirds depending on the place you work of your preinjury earnings The amount you get is based on a variety of factors including your age and the severity of the injury In addition many jurisdictions place an upper limit on the total amount of wage loss each week you are entitled to while you are receiving workers compensation You can be sure to receive the maximum amount of claim you can by filing your claim as soon as you can It is also important to make sure that you meet all deadlines and inform your employer promptly A skilled attorney for workers compensation is the best way to determine whether you have a valid claim case This will ensure that you receive all benefits allowed by law that include lost wages and medical expenses workers compensation law firm federal way could be entitled to a higher amount of benefits if your employment records show that you have been actively seeking work following the accident This is particularly true if your injuries have prevented you from working or you have medical limitations that prevent you from returning to your previous position The best part is that you dont need to pay any charges 3 Litigation The first step in the litigation timeline is to submit the Claim Petition that puts your case before the court system and begins the process of litigation The claim petition will include the nature of the injury date time and other details Although the insurance company or employer company might not respond to the petition it will be sent to a judge who will decide how much and for how long The Workers Compensation Board is able to resolve certain disputes without having to hold an hearing This can include disputes about whether the injury is a result of work or not the degree of impairment the amount of financial awards payable to you as well as what medical treatment is appropriate More complicated disputes require an inperson hearing before a Workers Compensation Law Judge The judge will listen to evidence from both sides and make an announcement regarding the amount of benefits you are eligible to receive During the hearing each attorney will submit written arguments to the judge These arguments will detail the evidence theyve collected and their positions on the issues they have raised If the judge is in agreement with both attorneys he will issue a written decision which outlines the findings of the hearing and your workers compensation claim will be closed You will receive a copy this Decision by mail When your employer or its insurance carrier is not happy with the claim investigation and require an independent medical examination IME This is a doctors exam that your employer will pay for in order to examine you and gather evidence The IME is an essential part of the litigation timeline because it provides your employer with vital medical evidence The IME will go through your medical records and prepare a report about your injuries and treatment Once your IME is complete the employer will typically hire an attorney to argue its side of the argument This can be a difficult procedure that requires numerous legal experts and a lengthy time on the part of the employer Workers who have suffered injuries who are taking pain medications as part of their treatment might need to be monitored carefully during litigation panelists stated They are at risk of addiction if theyre taking too often or taking the wrong drug 4 Settlement A workers compensation settlement is an agreement between your employer and the insurance company that will pay you a specific amount This may be a lump sum or it can be structured into regular payments over time A workers comp settlement can be an effective solution to speed up the process of handling your workplace accident However you should never make a decision to settle a claim without first consulting an experienced attorney Settlements for workers compensation are available for medical bills lost wages or other expenses related to your injuries A settlement could help you cover future costs and keep you from filing an action Your state may have different laws on how a workers compensation settlement is dealt with but generally you can decide whether to settle your claim with a lump sum or structured payments The amount of your settlement will depend on your specific situation and the severity of your injuries The typical workers compensation settlement is 12000 But it can vary based upon the nature and state of your injury Your workers comp lawyer can help you determine the amount of your settlement and make informed decisions on the best time to settle Whatever the amount the most important thing is to settle it quickly This will save your insurance company time and money Sometimes the insurance company will offer settlement 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 In these cases your lawyer can recommend that you accept the offer or they can try to negotiate for a larger amount In the end youll have to make the best decision for your future If your insurance company has ruled against your claim then you can request an appearance before the judge or the workers compensation hearings officer The judge will evaluate the case and determine a fair settlement amount for you This can be a complicated procedure but its worth the effort
