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What is a Workers Compensation Case A workers compensation case is a legal process that occurs when an employee is injured on the job It is designed to protect the employee from losing income and to pay for medical treatment and rehabilitation An injured worker may receive medical treatment or wage loss compensation and even a settlement in an workers compensation claim 1 Medical Treatment When an employee is injured on the job their comp insurance typically will cover medical treatment This covers the first emergency treatment such as an ambulance ride as well as regular 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 have injuries that require surgery Employers have the option of sign a contract with a managed care organization or preferred provider plans in many states to treat injuries resulting from work This allows both the insurer and the employer to reduce costs by regulating the quality of medical treatment The choice of a medical professional for your treatment is crucial since you may require an expert in treating your specific injury Your doctor might refer you to specialists to further test or evaluate The list of Boardapproved providers will be provided by your doctors office However there are exceptions You should check to ensure that your doctor is on the list prior to starting treatment workers compensation attorney bellevue is important to follow the instructions and guidelines of your doctor once you have found one Failure to follow these guidelines could negatively impact your claim for workers compensation benefits Additionally the Workers Compensation Board regularly updates its Medical Treatment Guidelines This is an outcome of new information and recommendations from medical professionals These changes may cause harm to injured workers An knowledgeable attorney can assist you to know how these changes affect your case The proper treatment is crucial in a workers compensation case to show that you suffered an injury at work and are eligible to receive the benefit of lost wages Your doctor will have to document that your symptoms are related to the workplace and that you cannot return to work or carry out other tasks unless youve been given specific work restrictions In some states your employer could be required to pay for diagnostic tests like xrays or ultrasounds These tests can help you determine whether your ailments are related or not to the workplace Your doctor will suggest that your employer pay for any reasonable and necessary surgeries such as implantations injections or implantations to aid in the recovery process from your injury 2 Wage Loss Wage loss is the ability to replace lost income due to an injury This is one of the main benefits of workers compensation Depending on the state in which your job is located you may be entitled to as much as twothirds the amount of your preinjury earnings Your age and severity of your injury will impact the amount you receive There are many jurisdictions that also have limitations on the amount of weekly wage loss you are entitled to when you are receiving workers compensation You can ensure that you receive the maximum amount of claim possible by filing your claim as soon possible Also you must be sure that you are meeting all deadlines and inform your employer in a timely manner A skilled attorney for workers compensation is the best way to determine whether you have a valid claim This will help ensure that you get the highest amount of benefits under the law which includes those for medical expenses and lost wages You could be eligible for a greater amount of benefits if your employment background indicates that youve been actively looking for work following the accident This is especially the case if off work for a period of time or are dealing with severe medical limitations that prevent you from returning to your previous work The best part is that you do not have to pay any costs 3 Litigation The first step on the timeline of litigation is to file the Claim Petition which places your case in the court system and starts the litigation process It will state what injury you suffered the date it occurred how it occurred and other details The Employer or Insurance Company may or not respond to this petition however if they do it is then up to a judge who will decide the amount of benefits you will receive and for how long Certain issues can be settled by the Workers Compensation Board without formality without a hearing These include disputes about whether the injury is workrelated and the severity of your disability the amount of money you can receive to you and which medical treatment is appropriate More complicated disputes require a formal hearing before a Workers Compensation Law Judge The judge will take both sides evidence and determine the amount of benefits you are entitled to Both attorneys will present written arguments to judge during the hearing The arguments will detail the evidence they have gathered as well as their opinions on the issue If the judge agrees with both attorneys he will issue a written decision which outlines the findings of the hearing and your workers comp claim is closed You will receive a copy this Decision by mail If your employer or insurance company disagrees with the investigation into claims they will typically request an independent medical examination IME It is a doctors test which your employer will pay for to examine you and collect evidence The IME is a crucial element of the litigation timeline because it provides your employer with crucial medical evidence The IME will review your medical records and write a detailed report on your injuries and treatment Usually once your IME has been completed the employer will then hire an attorney to represent its side of the claim This can be a difficult procedure that will require several legal experts and a long time on the part of the employer Panelists suggested that injured employees who are taking pain medication as part of their treatment must be monitored closely during litigation They may be at risk for addiction if theyre taking to often or taking the wrong drug 4 Settlement A workers settlement for compensation is an agreement between you and the insurance company of your employer to pay you a specific amount This may be a lump sum or it could be organized into regular payments over time A workers compensation settlement may be a great way to navigate the long process of dealing with workplace injuries However it is not recommended to agree to a settlement without first speaking with an experienced attorney You can receive a workers comp settlement for your medical expenses lost wages and other expenses related to your injury Settlements can also help you cover future expenses and keep you from having to make a claim Your state may have different laws on how a workers compensation settlement is dealt with but generally you have the option to settle your claim with a lump sum or structured payments The amount of your settlement will depend on your situation and the severity of your injuries The typical workers compensation settlement is 12000 However it can vary depending on the type and severity of your injury Your lawyer for workers comp can assist you in determining the amount of your settlement and make informed choices about when to settle No matter how big the amount the important thing is to settle the claim quickly This will save you and your insurer a lot of time and money Sometimes the insurance company will offer a settlement before you have even filed your claim 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 the lawyer may suggest that you accept the offer or they can try to negotiate for a larger sum You will ultimately have to make the best decision about your future If your insurance company rejects your claim you are able to request a hearing before the judge or a workers compensation hearings officer The judge will go over the case and determine a fair settlement amount for you Its a bit complicated however it is worth the effort