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What is a Workers Compensation Case Workers compensation is a legal procedure that is initiated when an employee suffers an injury in the course of work It is designed to safeguard workers from losing their earnings and to cover rehabilitation and medical treatment A worker who is injured can receive medical care as well as wage loss benefits and even a settlement when they are involved in a workers comp case 1 Medical Treatment If an employee is injured at work workers comp insurance usually will cover medical treatment This covers the initial emergency treatment which could include an ambulance ride and ongoing care including medication and physical therapy Injured workers also have the right to reimbursement for travel expenses to cover the cost of transport to and from their doctors appointments This is especially beneficial for employees who have to undergo surgery In many states the employer has the option of contracting with an preferred provider plan or managed care organization to treat employees injuries This is a means for both the employer and insurer to cut costs by regulating the quality of medical care Selecting the right medical professional for your treatment is important in that you might require a physician who specializes in treating your particular injury Your doctor may also recommend you to specialists for further testing and evaluation The list of Boardapproved doctors will be provided by the office of your doctor However there are exceptions Before beginning treatment make sure to verify that your doctor is listed on the list It is important to follow the instructions and guidelines of your physician when youve found one If you dont it could affect your claim of workers compensation benefits Additionally the Workers Compensation Board frequently updates its Medical Treatment Guidelines This is based on new information and advice from doctors These changes could be detrimental to injured workers An experienced lawyer can help you learn how these changes impact your case To prove that youve suffered a workrelated injury Workers compensation cases require appropriate treatment Your doctor must confirm that your symptoms are connected to your job You cannot return to the job you were employed in or engage in other activities unless special limitations on work have been imposed on you It is also important to note that in some states your employer has to pay for diagnostic tests such as xrays and ultrasounds These tests can help determine whether your symptoms are connected or not related to work Your doctor will recommend that your employer cover any necessary and reasonable surgeries or injections whether implantations or surgeries to aid you in recovering from your injury 2 Wage Loss The ability of wage loss is to replace lost income due to an onthe job injury This is one of the biggest benefits of workers compensation You may be qualified for up to two thirds depending on where you work of the earnings you earned prior to your injury Your age and severity of your injury will impact the amount you receive There are many jurisdictions that also have a limit on the weekly wages you are allowed to earn when you are receiving workers compensation You can make sure you receive the most amount of compensation you can by filing your claim as quickly as possible Additionally you must meet all deadlines and inform your employer as soon as possible The best method to determine if there is an appropriate claim case is to talk to an experienced lawyer for workers compensation This will help ensure that you receive the highest amount of benefits under the law including those for lost wages and medical bills You could be entitled to a higher benefit rate if your work records show that you have been actively seeking work since the accident This is particularly true if your injuries have left you unemployed or you have medical limitations that prevent you from returning to your previous job The best thing is that you dont have to pay any charges 3 Litigation The Claim Petition is the initial step in the timeline of litigation The Claim Petition puts your case before the court system and begins the litigation process The claim petition will outline the kind of injuries you sustained when it occurred the manner in which it occurred as well as other details Although the Employer or Insurance company might not reply to the petition it will be presented to a judge who will decide on the amount and for how long The Workers Compensation Board has the ability to resolve certain disputes without having to conduct hearings This includes disputes about whether the injury is related to work how severe your disability is the amount of monetary compensation you are entitled to and what medical care is required For more complicated disputes the need for a formal hearing before a Workers Comp Law Judge The judge will consider evidence from both sides and then make a an assessment of the amount of benefits you are eligible to receive During the hearing both attorneys will submit written arguments to the judge These arguments will explain the evidence they have gathered as well as their position on the issues If the judge is in agreement with the arguments of both attorneys the judge will issue a written decision that states the results of the hearing and that your workers compensation claim will be closed The judge will send you a copy of the Decision by mail When your employer or its insurance carrier is not happy with the investigation into claims and request an independent medical evaluation IME This is a doctors examination that your employer will pay for to examine you and gather evidence The IME is a crucial element of the litigation timeline as it provides vital medical evidence to your employer The IME will go through your medical records and report on your injuries as well as the treatment you received Usually once your IME has been completed the employer will then hire an attorney to represent their side of the claim This can be a lengthy process that will require numerous legal experts and a lengthy time on the employers part Panelists suggested that injured workers who take pain medication as part of their treatment must be monitored closely during litigation They could become addicted if they take too much or take the wrong medication 4 Settlement A workers compensation settlement is a contract between your employer and the insurance company which will pay you a set amount It could be a lump sum payment or it can be organized into regular payments over time A workers compensation settlement could be a great way to navigate the long process of dealing with workplace injuries However you should never agree to a settlement without first consulting an experienced attorney Settlements for workers compensation can be obtained for medical bills lost wages or other expenses related to your injuries A settlement may also help you cover future expenses and keep you from having to bring a lawsuit workers compensation attorney clarksville has its own laws governing workers compensation settlements However you have the option of deciding whether to settle your claim with a lumpsum payment or structured payments Your situation and the severity of your injuries will determine the amount of your settlement The typical workers compensation settlement is approximately 12000 but it could be more or less based on the kind of injury and the state you reside in Your lawyer for workers compensation can estimate the amount of your settlement and assist you to make an informed decision about the time to settle Whatever the amount the important factor is to settle it quickly This will save you and your insurer much time and money Sometimes the insurance company will offer to settle your claim 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 instances your lawyer can recommend that you accept the offer or they can try to negotiate for a larger amount Ultimately you will have to make the best decision for your future If your insurance company declines your claim you can request a hearing before a judge or a workers compensation hearings officer The judge will review your case and determine the amount of settlement that is fair Its not always easy but it is well worth the effort