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Workers Compensation Litigation If youve suffered an injury while working you could be eligible for workers compensation benefits Employers and their insurance companies typically reject claims This means that you must hire an experienced workers compensation attorney to defend your rights A lawyer who is knowledgeable about laws in Pennsylvania will help you get the justice youre due The Claim Petition The Claim Petition is a formal announcement to your insurance company and employer that details your injury or illness It also provides a description of the impact of the injury on your work duties This is often the first step in a workers compensation claim and is required in order to receive benefits Once the claim petition has been filed with the Court and copies of the petition are served to all parties involvedthe employee employer and insurer After being informed that they have been served they must respond within 20 days The process can last anywhere from a few weeks to several months A judge then reviews the claim and decides whether or not to hold an hearing The parties both present evidence and write arguments at the hearing The Single Hearing Judge prepares an Award based on evidence as well as the arguments A worker injured in an accident should seek an attorney immediately following an accident at work An experienced workers compensation lawyer can assist you in ensuring your rights are protected throughout the entire process The Claim Petition provides the date of the workrelated incident and outlines the nature and severity of the injury It includes thirdparty payers for example major medical insurance companies and clinics with outstanding bills Another important part of the claim petition 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 listed in the claim If Medicare or Medicaid did then the insurance company petitioner and the attorney should request evidence of the payment to recover any unpaid amounts In this case Medicare had paid a significant amount of money for treatment of the knee and elbow injury The insurance company and its lawyers were able to determine the details using the Medicare payment document that the workers compensation insurance company provided to the judge Mandatory Mediation Mandatory mediation is a process where a neutral third party the facilitator assists the parties in settling their disagreement This is usually a state workers compensation board judge or an employee The mediator helps the parties reach a settlement prior to a trial The mediator helps the parties develop concepts and ideas to meet all of their primary interests Sometimes the final decision is a winwin for both parties However sometimes it fails to meet the expectations of both Mediation is an effective and costeffective method of settling the workers compensation case It is generally less expensive than going to trial and it is more likely to result in an outcome that is favorable A mediator in workers compensation cases isnt billed by the judge in contrast to civil litigation in which the judge typically costs an hourly rate for mediation Once the parties agree to participate in mediation they must submit the Confidential Mediation Memorandum to their mediator that outlines the case and key issues This is a vital step to ensure that mediation runs smoothly This also gives the mediator a chance to learn more about each partys situation and how it could benefit from a settlement The memorandum must include information like the average weekly wage and compensation rates in addition to the amount of any backdue compensation that is owed the overall case worth the status 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 that are associated with litigious disputes Some people believe that obligatory mediation can undermine the quality and effectiveness of mediation that is voluntary These debates have raised questions about the compliance of mandatory mediation with the requirements for good faith participation confidentiality and the ability to enforce These questions are particularly pertinent in the context of a court system that is keen to introduce mandatory mediation as a way of reducing its dockets as well as adversarial litigation Settlement Negotiations Settlement negotiations are a crucial element of workers compensation litigation They usually take place between the the insurance company They can take place either face to face or over the phone or via correspondence If they can come to an acceptable and fair agreement the parties are legally bound to it and the dispute is settled Typically an injured employee will receive a lumpsum or a regular payment as part of a workers compensation settlement This money can cover ongoing disability medical treatment lost wages as well as medical treatment The amount of a settlement is contingent on a variety of factors including the severity of the injury An experienced workers compensation lawyer will help you establish realistic expectations and fight for every penny youre entitled to When you have an injury at work the insurance company will be driven to settle your claim as quickly and as cheaply as they can Theyd like to avoid having to pay you all the costs for medical and lost wages that they would have had to pay if they settled the claim through the court system However these offers are often difficult to defend against In workers compensation attorney syracuse will offer an offer thats much lower than what youre seeking The insurance company will attempt to convince you that you are receiving a fair price A knowledgeable lawyer will review your workers compensation claim before you start negotiating and will be competent to explain the process in detail They will also make sure that the settlement meets all of the requirements to be approved by the SBWC or Virginia Workers Compensation Commission It is important that you keep in mind that settlements in New York must be approved by both the SBWC and the insurance company before they can be made an agreement that is legally binding If you feel the settlement is unfair you may be eligible to appeal to an administrative judge panel It is not unusual for one party to force the other to accept a settlement that doesnt meet their requirements during settlement negotiations This is known as a settlement request A plaintiff who is unable to accept a settlement offer may be brought up in court It is important to negotiate in a reasonable way rather than trying to forcibly agree to an arrangement that is incompatible with their needs Trial The majority of cases involving workers compensation are settled or resolved without the necessity of a trial Settlements are agreements between the injured employee and the employer or the insurance company and typically involve the payment of a lump sum for future medical care with some of the funds going to the Medicare SetAside fund There are many reasons a dispute can occur in workers compensation cases An insurer or employer may not be able to accept liability for an accident They may not believe that the worker sustained injuries while on the job They may also disagree with the diagnosis made by the doctor who treated the worker A hearing before an adjudicator is the first step to bring a case to trial The hearing hears testimony from witnesses and decides legal and factual issues The hearing could last up to a couple of hours to several weeks A trial can be used to resolve factual and legal issues as well as to determine the amount of wage or medical loss benefits that are due A judge will award benefits based on the evidence and the evidence presented during the trial If the worker is not satisfied with the decision of the judge they can appeal Appeals can be filed with the Appellate Section or the Workers Compensation Board Even though only a small portion of workers claimants compensation cases are brought to trial the chances of winning are high This is because unlike personal injury claims in civil court workers do not need to prove that their employer or other parties were at fault in the accident to be able to win their claims During the course of a trial there are numerous questions that judges ask both sides For instance the worker may be asked to explain what caused their injury and how it affects their life An attorney may also give expert testimony or depositions from doctors These are essential to prove the workers disability as well as the type of treatment they require to stay healthy A trial can be a lengthy procedure but its worth it to ensure that the injured person is satisfied with the result of the case It is essential to have a seasoned attorney help you navigate the process
