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What is a Workers Compensation Case? Workers compensation is a legal proceeding that is initiated when an employee is injured in the course of work. It is designed to safeguard the worker from losing income and to pay for medical treatment and rehabilitation. A worker who is injured can receive medical treatment or wage loss compensation, and even a settlement when they are involved in an workers' compensation claim. 1. Medical Treatment Workers compensation insurance covers the majority of medical expenses for employees who are injured while on the job. This includes the initial emergency treatment like an ambulance ride. It also covers continuing care that includes physical therapy, medication as well as other expenses. Workers who are injured also have the right to reimbursement for their travel expenses, which will help pay for transportation to and from their doctor's appointments. This is particularly beneficial for those who have injuries that require surgery. Employers have the option of contract with a managed care organization or preferred provider plan in most states to treat work-related injuries. This permits both the employer as well as the insurer to monitor the quality of medical treatment and cut costs. It is essential to select the right medical professional for your treatment. Your doctor can also refer you to specialists to conduct further tests and evaluation. The list of Board-approved doctors will be provided by the office of your doctor. However, there are some exceptions. You should check to ensure that your doctor is on this list before beginning treatment. Once you have identified a doctor, it is vital to adhere to their guidelines and instructions. In the absence of this, it could affect your claim for workers compensation benefits. Also the Workers' Compensation Board periodically changes its Medical Treatment Guidelines. This is in response to new information and recommendations from doctors. These changes can sometimes be harmful to injured workers, however a knowledgeable attorney can assist you in understanding the impact they have on your case. A proper medical treatment is essential in a workers compensation case to prove that you suffer from an injury at work and therefore are eligible for the benefits of lost wages. Your doctor will have to confirm that your injuries are caused by work and that you are not able to return to work or perform other activities unless you've been given special work restrictions. It is also important to note that in certain states, your employer has to pay for diagnostic tests like ultrasounds and x-rays. These tests can help you determine if your symptoms are related or not to the workplace. Employers are also required to pay for any reasonable and needed procedures, injections, or surgeries suggested by your doctor to aid in the recovery process from your injury. 2. Wage Loss Loss of wages or the capability to replace lost income due to an on-the-job injury, is one of the most significant workers compensation benefits. Based on the state where you work, you may be entitled to up to two-thirds of your wages prior to injury. The amount you receive is based upon a variety of factors, such as your age and the severity of the injury. In addition some jurisdictions place an upper limit on the total amount of wage loss per week that you are eligible to receive when you are receiving workers compensation. An effective way to make sure that you get the most benefit from your claim is to file your claim as soon as you can. Also, you must adhere to deadlines and notify your employer of the claim promptly. An experienced lawyer for workers' compensation is the best way to determine if you have a valid claim case. This will help ensure that you receive the highest amount of benefits under the law, including for medical expenses and lost wages. You may be qualified for a higher amount of benefits if your employment background indicates that you've been actively looking for work since the accident. This is especially the case if your injuries kept you out of work or you have medical limitations that prevent you from returning to your previous position. The great thing is that you don't have to pay any charges or out of pocket expenses! 3. Litigation The Claim Petition is the initial step in the timeline of litigation. This 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. The insurer or employer might or may not reply to this request however, if they do, it is then up to the judge who will decide the amount of benefits you receive and the duration of your benefits. Some issues can be resolved by the Workers Compensation Board on a casual basis without hearing. These include disputes regarding whether the injury is related to work and the severity of your impairment, the amount of financial awards payable to you, as well as what medical treatment is appropriate. More complex disputes require a formal hearing before a Workers Compensation Law Judge. The judge will take the evidence of both sides and decide the amount of benefits you are entitled to. Both attorneys will submit written arguments to the judge during the hearing. These arguments outline the evidence they've collected as well as their opinions on the issues raised. If the judge agrees to the arguments of both lawyers, he will issue an written Decision that states the outcome of the hearing and closes your workers' compensation claim. You will receive a copy of this Decision via mail. If your employer or insurance company are not happy with the claims investigation they'll often request an independent medical examination (IME). This is a medical exam which your employer will pay to examine you and gather evidence. The IME is a crucial part of the litigation timeline because it is a crucial piece of medical evidence to your employer. The IME will review your medical records and report on your injuries as well as your treatment. Once your IME is complete, the employer will typically hire an attorney to defend its side of the argument. This is a lengthy procedure that requires several legal experts as well as a lot of time on the part of your employer. Workers who have suffered injuries who are taking medications for pain as part their treatment might need to be closely monitored during litigation, panelists suggested. They can be susceptible to addictions if they're taking too much or using the wrong medications. 4. Settlement A workers compensation settlement is an agreement between your employer and the insurance company. They will pay you a specific amount. This can be a lump sum payment or it can be broken down into regular payments over time. A workers' compensation settlement is a great way to end the lengthy process of dealing with your workplace injury. However, you should not agree to a settlement without consulting an experienced attorney. Settlements for workers' compensation can be obtained for medical expenses, lost wages, or other expenses resulting from your injuries. A settlement could help you cover future costs and keep you from filing a lawsuit. Each state has its own laws regarding how a worker's compensation settlement is handled, but generally, you have the option to settle your case in a lump sum or structured payments. The amount you receive will depend on your specific situation and the severity of your injuries. The typical workers' compensation settlement is $12,000. But, it can vary based upon the nature and state of your injury. Your lawyer for workers' compensation can assist you in determining the amount of your settlement, and make informed decisions on when to settle. No matter how large the amount, the important thing is to settle the claim quickly. This will save you and your insurance provider lots of time and money. Sometimes the insurance company will offer a settlement before you even file your case. workers' compensation settlement sunrise is called an “offer-in-commitment” 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 suggest that you accept the offer or negotiate for more. In the end, you will have to make the best decision about your future. If your insurance company has rejected your claim, you are able to request an appearance before the judge or the workers' compensation hearings officer. The judge will evaluate your case and decide on the amount of settlement that is fair. It's not always easy however it is worth the effort.