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Workers Compensation Litigation Workers compensation benefits might be offered to you if were injured while working Employers and their insurance companies often refuse claims This means you require an experienced workers compensation attorney to defend your rights A lawyer who is knowledgeable about Pennsylvanias laws will help you obtain the compensation you require The Claim Petition The Claim Petition is a formal announcement to your insurer and employer that details your injury or illness It also includes a description of how the condition or injury has a direct impact on your work This is usually the first step of the workers compensation process and is necessary in order to receive benefits Once the claim petition is filed with the Court the copies are sent to all parties affected the employer employee and insurer After being informed of the claim they must respond within 20 days This can take up to a few weeks or months A judge then reviews the claim and decides whether or not to schedule an appearance Both parties present evidence and write arguments during the hearing The Single Hearing Member makes an Award based upon both the evidence and the arguments It is important for an injured worker to seek legal advice immediately following a workplace accident A knowledgeable lawyer for workers compensation will be able to help ensure that your rights are secured throughout the entire process The Claim Petition details the date of the workplacerelated injury as well as the severity of the injury It also lists thirdparty payers like major medical insurance companies as well as clinics that have outstanding bills A claim petition should also be able to establish whether Medicare or Medicaid have paid medical bills for the injured body or for any conditions To get back any unpaid amounts the petitioner has to show proof that Medicare or Medicaid paid the medical expenses In this case Medicare had paid a significant amount of money for treatment of the knee and elbow injury By using the Medicare payment ledger that the workers insurance company had provided to the judge the insurance company and its attorneys were able to find this information Mandatory Mediation Mandatory mediation is a process where a neutral third person the facilitator assists the parties in settling their dispute This can be an employee or judge of the state workers compensation board The mediator helps the parties reach a resolution prior to trial The mediator helps the parties come up with ideas and plans to meet their respective interests Sometimes a resolution is completely acceptable to one side or the other or perhaps it only is in line with the expectations of both parties Mediation is a costeffective affordable way to settle a workers compensation case It has been proven to be less expensive than going to court and a successful result is usually more likely In contrast to civil litigation where lawyers typically charge an hourly rate for mediation mediators in cases involving workers compensation is provided free of cost by the judge Once the parties agree to participate in mediation they send the Confidential Mediation Memorandum to the mediator that describes the case and key issues This is a vital step to ensure that mediation proceeds smoothly The mediator will be able to learn more about the case of each party and the settlements that are possible The memorandum should include details such as the average weekly salary and the compensation rate in addition to the amount of backdue benefits due the total case value the status of negotiations as well as any other information that the mediator will require about each case Some advocates of mandatory mediation believe this process is necessary to reduce the amount of work and expenses associated with contested litigation Some believe that mandatory mediation can undermine the quality and empowerment of voluntary mediation These debates have raised concerns about whether mandatory mediation is compliant with the standards of good faith participation in the process confidentiality and enforceability of mediation agreements These questions are especially pertinent in the context of the court system which is eager to introduce mandatory mediation as a means to reduce its dockets and adversarial litigation Settlement Negotiations Settlement negotiations are a crucial component of workers compensation litigation They usually take place between the claimant and insurance company They can take place either face to face over the phone or through correspondence If the parties are able to reach an acceptable and fair settlement the parties are legally bound by their agreement and it is the final decision in the dispute In workers compensation the injured worker usually receives a lump sum of money or an annual payment This could be a significant amount of money and can cover the cost of medical treatment lost wages and ongoing disability The amount of a settlement will depend on a variety of factors such as the severity of the injury A skilled workers compensation lawyer will assist you in setting realistic expectations and fight for every penny you are entitled workers compensation lawsuit new britain will attempt to settle your claim as swiftly as is possible if you sustain an injury at work They want to avoid paying you for all cost of medical expenses and lost wages that they could have incurred had they settled the claim through the court system These offers are very difficult to defend In many instances the adjuster will offer an offer that is much less than the amount you want The insurance company will try to convince you that they are offering a fair price A competent lawyer will review your workers compensation claim before you begin negotiating They will also ensure that the settlement meets all requirements for approval by the SBWC and 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 a legally binding contract You may have the option of appealing the settlement before an administrative judge panel if you feel the settlement is unfair During settlement negotiations it is not uncommon for one side to attempt to force the other to accept an offer that doesnt satisfy their requirements This is referred to as a settlement demand A settlement demand that a plaintiff cant accept may be used against them in court at a trial It is therefore essential to negotiate in a fair manner not trying to pressure the other side into an agreement that doesnt match their needs Trial Most workers compensation cases are settled or resolved without the need for a trial Settlements are agreements between the injured worker and their employer or insurance company and usually involve a lump sum of money for future medical care with the money going to a Medicare SetAside fund There are many reasons why dispute may be triggered in workers compensation cases The insurer or the employer might not be able to admit liability for an accident they might not believe the injury occurred during the time the worker was on the job or disagree with a particular diagnosis that the doctor who treated the injured worker has chosen If a case goes to trial it typically begins with an hearing before an adjudicator who hears testimony from witnesses as well as medical records before deciding on factual and legal issues It can take from a couple of hours to a few days for the hearing to occur In addition to making decisions on legal and factual issues a trial may also be used to determine the amount of medical or wage loss benefits are due A judge will award benefits based on the evidence and facts presented during the trial The worker can appeal against the decision of the judge if satisfied Appeals can be filed with the Appellate Section or the Workers Compensation Board Even though only a tiny portion of workers compensation claims go to trial the chances of winning are extremely high This is due to the fact that unlike civil personal injury cases the workers comp claimants do not have to prove that their employer or any other participants were responsible in the accident to be able to win their claims In a trial there are many questions that judges will ask both sides A good example of this is when a judge could ask the employee about the reason for their injury and how it will impact their life Lawyers can also give expert testimony and depositions of doctors These are crucial in proving the extent of the workers disability and what kind of treatment they require to remain healthy A trial can be a lengthy procedure but its worthwhile in the event that the person injured is satisfied with the outcome of the case It is essential to have an experienced attorney to help you navigate the process
