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What is a Workers Compensation Case Workers compensation is a legal process which occurs when an employee is injured on the job It is designed to protect the worker from loss of income and also to help pay for medical treatment and rehabilitation In the course of a workers compensation case it is possible for injured workers to receive medical attention or wage loss compensation and even an settlement 1 Medical Treatment If an employee is injured at work 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 physical therapy medication and other expenses Workers who are injured also have the right to reimbursement for travel to pay for transport to and from their doctors appointments This is particularly beneficial to employees who suffer injuries that require surgery In the majority of states the employer has the option of contracting with preferred provider plans or a managed care company to treat workers injuries This allows both the insurer and the employer to cut costs by regulating the quality of medical treatment It is important to choose the best medical professional for your treatment Your doctor may also recommend you to specialists for further evaluation and testing The list of Boardapproved practitioners will be provided by the office of your doctor However there are exceptions It is important to confirm that your doctors name is on the list prior to starting treatment It is crucial to follow the directions and guidelines of your physician once youve discovered one If you dont it could affect your claim for workers compensation benefits Additionally the Workers Compensation Board periodically updates its Medical Treatment Guidelines This is in response to new information and recommendations from doctors These changes could be detrimental to injured workers but a knowledgeable lawyer can assist you in understanding how they impact your case To prove that youve suffered an injury from work workers compensation cases require appropriate treatment Your doctor will have to prove that your symptoms are related to the workplace and that you are not able to return to your previous occupation or do other work unless youve been granted specific restrictions to work In certain states your employer could have to cover diagnostic tests such as xrays and ultrasounds These tests are intended to determine if your symptoms are related to the workplace and help you understand the medical condition you are suffering from and what is needed to cure it Your employer is also responsible for any reasonable and needed treatments surgeries or injections recommended by your physician to help you recover from your injury 2 Wage Loss Wage loss is the capacity to replace income lost due to an injury This is one of the greatest benefits of workers compensation Based on the state in which your job is located you may receive up to twothirds of your preinjury wages The amount you receive is based on a variety of factors including your age and the severity of your injury A lot of jurisdictions also set a limit on the weekly wages you are allowed to earn while you are receiving workers compensation A good way to ensure that you get the most money you can get is to make your claim as soon as you can You should also make certain that you meet all of your deadlines and notify your employer as soon as you can The best way to determine if youve got a valid claims case is to consult with an experienced workers comp attorney This will ensure that you receive all benefits allowed by law including lost wages as well as medical bills You could be entitled to a higher amount of benefits if your employment background indicates that youve been actively seeking employment since the accident This is especially relevant if your injuries have prevented you from working or you have medical limitations that prevent you from returning to your previous position The greatest benefit is that you do not need to cover any costs or outofpocket expenses 3 Litigation The first step in the timeline of litigation is to file the Claim Petition which places your case before the court system and begins the litigation process The petition will provide the details of the injury date time and other details Even though the insurance or employer company might not respond the petition it is sent to a judge who will decide on the amount and for how long The Workers Compensation Board can resolve some issues without having to conduct hearings These include disputes about whether the injury is related to work your degree of disability monetary awards payable to you as well as what medical treatment is suitable For more complex disputes an official hearing is required before a Workers Comp Law Judge The judge will take evidence from both sides and then make a an assessment of the amount of benefits you could receive During the hearing the attorneys will present written arguments to the judge These arguments describe the evidence they have gathered and their position on the issues raised If the judge agrees with the arguments of both attorneys he will issue a written decision that outlines the outcomes of the hearing Your workers compensation claim is closed You will receive a copy this Decision by mail When your employer or its insurance carrier disagrees with the claim investigation they will typically request an independent medical examination IME This is a doctors exam which your employer will pay to examine you and gather evidence The IME is a vital part of the litigation timeline because it provides your employer with vital medical evidence The IME will examine your medical records and then write a report on your injuries and treatment Once your IME is complete the employer is likely to hire an attorney to argue its side of the case This is a complicated process that will require numerous legal experts and a lengthy time on the part of the employer Panelists suggested that injured employees who are taking painkillers as part of their treatment must be monitored closely during litigation workers compensation attorney chandler can be susceptible to addiction if theyre taking too much or using the wrong drug 4 Settlement A workers settlement for compensation is a contract between you and the insurance company of your employer to pay you a specific amount of money This may be a lumpsum payment or it could be organized into regular payments over time A workers compensation settlement could be a great option to get through the long process of dealing with workplace injuries It is not advisable to sign a settlement without consulting an experienced attorney You can receive a workers compensation settlement to pay your medical expenses lost wages and other costs related to your injury Settlements can also help you cover future costs and keep you from having to make a claim Your state will have different laws regarding how a workers compensation settlement is handled but generallyspeaking you can decide whether to settle your case in a lump sum or structured payments The severity of your situation and the extent of your injuries will determine the amount of your settlement The average workers compensation settlement is 12000 However it may vary depending on the type and severity of your injury The lawyer who handles your workers compensation can estimate the amount of your settlement and help you make an informed choice about the time to settle No matter how large the sum the most important aspect is to settle it quickly This will save you and your insurer lots of time and money Sometimes insurance companies will offer a settlement prior to the time 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 a higher amount In the end you will have to make the right decision about your future If your insurance provider denies your claim you may request a hearing before either the judge or a workers compensation hearings officer The judge will evaluate your case and determine the fair amount to settle It can be a difficult procedure but its worth the effort