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What is workers compensation lawsuit mission A workers compensation claim is a legal process which occurs when an employee is injured on the job It is designed to safeguard the worker from loss of income and to help pay for medical treatment and rehabilitation An injured worker can receive medical treatment or wage loss compensation and even a settlement during an workers compensation claim 1 Medical Treatment If an employee gets injured while on the job workers comp insurance usually will cover medical treatment This includes the first emergency treatment which could include an ambulance ride and then continuing care that includes medication physical therapy and other costs Injured workers are also entitled to reimbursement for travel to cover the cost of transport to and from their doctors appointments This is particularly helpful for those who need to undergo surgery Employers have the option to sign a contract with a managed care organization or preferred provider plan in the majority of states to treat injuries resulting from work This permits both the employer as well as the insurance company to manage the quality of medical care and cut costs It is crucial to select the best medical professional for your treatment Your doctor can also recommend you to specialists to conduct further tests and evaluation The list of Boardapproved practitioners will be provided by the office of your doctor However there are exceptions Before beginning treatment make sure to confirm that your doctors name is listed on the list Once you have discovered a doctor is crucial to follow their directions and guidelines If you dont it can negatively affect your claim for workers compensation benefits It is also important to know that the Workers Compensation Board regularly updates its Medical Treatment Guidelines based on new information in the medical field and suggestions of doctors These changes can be harmful to injured workers however a knowledgeable lawyer can assist you in understanding the impact they have on your case Getting proper treatment is essential in a workers compensation case to establish that you have an injury from work and therefore are eligible for the benefits of lost wages Your doctor will have to document that your symptoms are connected to your job and that you cannot go back to your previous position or engage in other activities unless you have been given specific work restrictions It is also important to note that in some states your employer must pay for diagnostic tests like ultrasounds and xrays These tests are intended to determine if the symptoms are related to your job and help you understand the severity of your medical condition and the steps needed to manage it Your employer must also pay for any reasonable and essential procedures injections or surgeries suggested by your doctor to help you recover from your injury 2 Wage Loss Loss of wages or the ability to replace lost income due to an onthejob injury is among the most important workers compensation benefits Depending on the state in which your job is located you may receive up to twothirds of the wages you earned prior to your injury The amount you receive is based on a number of factors including your age and the severity of your injury In addition there are many jurisdictions that place an upper limit on the total amount of wage loss per week that you could receive while you are receiving workers compensation An effective way to make sure that you receive the most benefit from your claim is to make your claim as soon as possible Additionally you must meet all deadlines and inform your employer promptly The best method to determine whether you have a valid claims case is to consult with an experienced workers comp attorney This will help ensure that you get the maximum benefits available under the law including for lost wages and medical bills For example you may be eligible to receive an increased benefit rate when you can prove that youve been actively looking for a job after you were injured or were involved in an accident This is especially the case if your injuries prevented you from working or you have significant medical limitations that prevent you from returning to your previous position The best part is that you dont need to pay any costs 3 Litigation The first step of the timeline of litigation is to make the Claim Petition which puts your case before the court system and begins the litigation process The claim petition will include the nature of the injury date time and other information While the employer or insurance company might not reply the petition it is sent to a judge who will decide on the amount and for how long The Workers Compensation Board is able to resolve certain disputes without having to conduct hearings This includes disputes about whether the injury is a result of work or not how severe your disability is what financial awards you are entitled to and what medical care is required More complicated disputes require a formal hearing before a Workers Compensation Law Judge The judge will consider evidence from both sides and make an informed decision on the amount of benefits you could receive During the hearing each attorney will submit written arguments to the judge The arguments will detail the evidence they have gathered as well as their views on the issues If the judge agrees with both attorneys he or she will issue a written Decision which outlines the findings of the hearing and that your workers comp claim is closed You will receive a copy of the Decision via mail When your employer or its insurance carrier is not happy with the claim investigation they will typically demand an independent medical exam IME This is a doctors examination that your employer will pay for to examine you and collect evidence The IME is an essential part of the litigation timeline because it provides your employer with crucial medical evidence The IME will review your medical records and make a report on your injuries as well as your treatment Typically after your IME has been completed the employer will hire an attorney to represent their side of the claim This can be a difficult process that requires numerous legal experts and a lot time on the employers part Panelists suggested that injured employees who are taking pain medication as part of their treatment must be closely monitored during litigation They could become addicted in the event that they take too much or are using the wrong medication 4 Settlement A workers compensation settlement is an agreement between your employer and the insurance company that will pay you a set amount This may be a lump sum or made into regular installments over time A workers compensation settlement may be a good way to navigate the long process of dealing with workplace injuries You should not agree to the settlement without consulting an experienced attorney Settlements for workers compensation can be obtained to cover medical bills lost wages or other expenses related to your injuries A settlement could help you cover the cost of future medical expenses and prevent you from having to file a lawsuit Each state has its own laws regarding how a workers compensation settlement is dealt with but generally you have the option to settle your claim in one lump sum or structured payments Your situation and severity of your injuries will determine the amount of your settlement The average workers comp settlement is approximately 12000 however it could be more or less based on the type of injury and the state in which you reside Your lawyer for workers comp will estimate the amount of your settlement and assist you to make an informed choice about when to settle No matter the amount the important thing is to settle the claim quickly This will both you and your insurance company much time and money Sometimes insurance companies will offer a settlement before you even file 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 Your lawyer may recommend that you accept the offer or negotiate for the amount you want to pay Youll ultimately have to make the right decision about your future If your insurance company rejects your claim you are able to have a hearing with the judge or the workers compensation hearings officer The judge will examine your case and decide on a fair settlement amount This is a lengthy process but it is worth the effort