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What is a Workers Compensation Case Workers compensation is a legal procedure that occurs when an employee is injured on the job It is designed to protect the employee from losing income and also to help pay for medical treatment and rehabilitation In the course of a workers compensation case it is possible for an injured worker to receive medical care as well as wage loss benefits and even an settlement 1 Medical Treatment If an employee gets injured on the job workers comp insurance usually will cover medical treatment This covers firstaid treatment which could include an ambulance ride and regular care including medication and physical therapy Injured workers also have the right to travel reimbursement to help pay for transportation to and from their doctors appointments This is especially beneficial 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 workrelated injuries This is a means for both the employer and the insurer to lower costs by regulating the quality of medical treatment It is essential to select the best medical professional for your treatment 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 exceptions You should confirm that your doctors name is on this list prior beginning treatment After you have located a doctor it is vital to follow their instructions and guidelines Failure to do so could negatively impact your claim to workers compensation benefits It is also important to know that the Workers Compensation Board is constantly updating its Medical Treatment Guidelines based on new information from the medical field and recommendations of doctors These changes may be harmful to injured workers but a skilled lawyer can assist you in understanding the impact they have on your case To prove that youve suffered an injury from work workers compensation cases require appropriate treatment Your doctor must confirm that your ailments are linked to your job You are not able to return to the job you were employed in or engage in other activities unless limitations on work have been imposed on you It is also important to keep in mind that in certain states employers must pay for diagnostic tests like ultrasounds and xrays These tests will help you determine whether your ailments are related or not to your job Your employer is also required to pay for all reasonable and necessary procedures injections or surgeries recommended by your doctor to aid you in recovering from your injury 2 Wage Loss The loss of income or the ability to replace income lost due to an onthejob injury is one of the most important workers compensation benefits Based on the state in which you are employed you could receive up to twothirds the amount of your preinjury earnings The amount you get is based upon a variety of factors including your age and the severity of your injury A lot of jurisdictions also set limits on the weekly wage loss you are entitled to when you are receiving workers compensation You can ensure you get the most amount of compensation you can by filing your claim as soon possible Also you must meet deadlines and notify your employer promptly The best way to determine if you have an appropriate claim is to speak with an experienced attorney for workers compensation This will ensure that you receive the highest amount of benefits under the law such as those for lost wages and medical bills You may be eligible for a higher benefit rate if youre employment history shows that you have been actively looking for work since the accident This is particularly applicable if your injuries left you unemployed or you have medical restrictions that prevents you from returning to work The best part is that you do not have to pay any fees or outofpocket expenses 3 Litigation The Claim Petition is the initial step in the litigation timeline It puts your case in the court system and initiates the process of litigation The petition will provide the details of the injury dates times as well as other details Although the insurance company or employer company might not reply the petition is then sent to a judge who will decide what the amount and for how long Certain issues can be addressed by the Workers Compensation Board informally without hearing This can include disputes about whether the injury is a result of work or not the degree of disability the amount of monetary awards that are payable to you and what medical treatment is appropriate For more complex disputes an official hearing is required before a Workers Comp Law Judge The judge will take both sides arguments and decide the amount of benefits you are entitled to workers compensation law firm carmel will present written arguments to the judge during the hearing These arguments outline the evidence they have gathered and their positions on the issues raised If the judge is in agreement with both attorneys he will issue a written decision that states the results of the hearing and your workers comp claim is closed The judge will then provide you with a copy of the Decision in the mail When your employer or its insurance carrier is not happy with the claim investigation the company will usually require an independent medical examination IME This is a medical examination that your employer will pay for in order to check you and collect evidence The IME is a vital component of the litigation timeline because it provides your employer with vital medical evidence The IME will examine your medical records and make a report on your injuries and treatment Once your IME is complete the employer will typically hire an attorney to defend its side of the claim This is a lengthy procedure that requires numerous legal experts and plenty of time on the part of your employer Panelists suggested that injured workers who are taking painkillers as part of their treatment should be monitored closely during litigation They could develop addiction in the event that they take too much or are using the wrong drug 4 Settlement A workers compensation settlement is a contract between your employer and the insurance company to pay you a specific amount This can be a lump sum settlement or it could be broken up into regular installments over time A workers comp settlement is a great option to stop the long process of dealing with your workplace injury Do not sign the settlement without consulting an experienced attorney Settlements for workers compensation are available for medical expenses lost wages and other costs related to your injuries Settlements can help you cover the cost of future medical expenses and prevent you from filing an action Each state has its own set of laws regarding workers compensation settlements However you have the option of choosing whether to settle your case by lumpsum or structured payments The amount you receive will depend on your situation and the extent of your injuries The typical workers compensation settlement is 12000 However it could vary based upon the nature and state of your injury The lawyer representing you in workers compensation can assist you in determining the amount of your settlement and make informed decisions on the best time to settle No matter how large the amount the main thing is to settle the claim quickly This will both you and your insurance company many hours and money Sometimes the insurance company may offer to settle your case prior to 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 scenarios your lawyer can recommend that you accept the offer or bargain for a greater amount In the end it is up to you to make the best decision for your future If your insurance company has refused your claim then you can request a hearing before an official judge or a workers hearings officer for compensation The judge will review your case and determine the amount of settlement that is fair Its a bit complicated but it is well worth the effort
