yokeclave54
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
What is a Workers Compensation Case A workers compensation case is a legal procedure that is initiated when an employee is injured on the job It is designed to protect the worker from loss of income and to assist in paying for medical treatment and rehabilitation In the course of a workers compensation case it is possible for injured workers to receive medical treatment wage loss benefits and even a settlement 1 Medical Treatment Workers compensation insurance covers the majority of medical expenses for employees that are injured on the job This covers firstaid treatment such as an ambulance ride and 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 particularly helpful for those who need to undergo surgery Employers have the option to join a managed care organization or preferred provider plan in the majority of states to treat workrelated injuries This is a means for both the insurer and employer to reduce costs by regulating the quality of medical treatment It is important to choose the right medical practitioner for your treatment Your doctor may also recommend you to specialists for further evaluation and testing The list of Boardapproved physicians will be provided by your doctors office However there are exceptions Before you begin treatment make sure to confirm that your doctors name is on the list After you have found a doctor it is critical to follow their instructions and guidelines If you dont it could affect your claim for workers compensation benefits Additionally the Workers Compensation Board frequently updates its Medical Treatment Guidelines This is based on new information and recommendations from medical professionals These changes can sometimes be detrimental to injured workers An experienced lawyer can help you comprehend how these changes affect your case Getting proper treatment is essential when you are pursuing a workers comp claim to establish that you have an injury from work and are eligible for the benefits of lost wages Your doctor must be able to prove that your condition is related to the workplace and that you are unable to return to your previous job or engage in other activities unless youve been given specific work restrictions In certain states your employer could require you to pay for diagnostic tests like xrays or ultrasounds These tests can help determine whether your symptoms are connected or not to your job Employers are also required to pay for any reasonable and essential surgeries implantations or injections prescribed by your doctor 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 among the most important benefits of workers compensation You could be qualified for up to two thirds depending on where you work of your earnings prior to injury The amount you receive is based on a variety of factors such as your age and the severity of your injury Additionally many jurisdictions place an upper limit on the total amount of weekly wage loss that you are entitled to while you are receiving workers compensation A great way to ensure that youre getting the highest amount of money possible is to submit your claim as quickly as you can Also you must meet deadlines and notify your employer promptly The best method to determine if you have a valid claims case is to consult with an experienced attorney for workers compensation This will help ensure that you get the most benefit under the law including for lost wages and medical bills For example you may be eligible to receive a higher benefit rate when you can prove that youve been actively searching for a job since you were injured or suffered your accident This is particularly relevant if your injuries have left you unemployed or you have significant medical limitations that prevent you from returning to your previous job The greatest benefit is that you do not need to cover any fees or outofpocket expenses 3 Litigation The first step on the litigation timeline is to make a Claim Petition that puts your case before the court system and begins the litigation process It will state what incident you suffered when it occurred the manner in which it happened and other information The Employer or Insurance Company may or may not respond to this request however once it does it is placed in the hands of an individual judge who will determine the amount of benefits you receive and the duration of your benefits The Workers Compensation Board is able to resolve certain disputes without having to conduct an hearing These include disputes regarding whether the injury is related to work or not how severe your disability is the amount of monetary compensation you are entitled to and what medical treatment is required For more complex disputes an official hearing is required before a Workers Compensation Law Judge The judge will consider each sides evidence and make a determination about the amount of benefits you are entitled to Both attorneys will submit written arguments to judge during the hearing The arguments will outline the evidence they have gathered as well as their views on the issues If the judge agrees with the arguments of both lawyers he will issue a written Decision that details the outcome of the hearing and closes your workers compensation claim The judge will then provide you with a copy of the Decision in the mail If your employer or the insurance carrier disagree with the claims investigation theyll often request an independent medical examination IME It is a doctors appointment that your employer will pay for in order to check you and collect evidence The IME is a critical element of the litigation process because it provides your employer with crucial medical evidence The IME will go through your medical records and report on your injuries as well as the treatment you received Usually after your IME is completed the employer will hire an attorney to represent their part of the claim This can be a difficult process that requires several legal experts as well as lots of time on the part of your employer Panelists suggested that injured employees who take pain medication as part of their treatment must be closely monitored during litigation They could be at risk of addiction if theyre taking to much or using the wrong drug 4 workers compensation case trenton for compensation is a contract between you and your employers insurance company to pay you a certain amount This may be a lumpsum payment or made into regular installments over time A workers compensation settlement can be a great way to get through the long process of dealing with workplace injuries However you should never accept a settlement without first consulting an experienced lawyer Workers compensation settlements can be obtained to cover medical expenses lost wages and other costs related to your injuries A settlement may also help you cover the cost of future medical expenses and stop you from having to make a claim Each state has its own laws on workers compensation settlements However you have the option of choosing whether to settle your claim with a lumpsum payment or structured payment Your situation and the severity of your injuries will determine the amount of your settlement The typical workers compensation settlement is approximately 12000 however it could be higher or lower based on the type of injury and the state where you reside Your lawyer for workers comp can estimate the amount of your settlement and help you make an informed decision about how much to settle Whatever the amount the important thing is to settle quickly This will save you and your insurer a lot of time and money Sometimes the insurance company may offer a settlement prior to the time you have even filed your case 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 the lawyer may suggest that you accept the offer or negotiate for a larger sum Youll ultimately have to make the right decision about your future If your insurance company rejects your claim you are able to request a hearing before the judge or the workers compensation hearings officer The judge will examine your case and decide on an appropriate settlement amount Its not always easy but its worth the effort
