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What is a Workers Compensation Case? Workers compensation is a legal procedure that takes place when an employee is injured while on the job. It is designed to safeguard workers from losing their wages as well as to pay for rehabilitation and medical treatment. An injured worker may receive medical treatment as well as wage loss payments and even a settlement when they are involved in a workers' compensation case. 1. Medical Treatment Workers comp insurance covers most medical expenses for employees who are injured on the job. This covers the initial emergency treatment, which could include an ambulance ride, and ongoing care that includes medication and physical therapy. The injured worker is also entitled to reimbursement for travel expenses to and from doctor's appointments. This is especially helpful to employees who suffer injuries that require surgery. In many states, the employer has the option of contracting with preferred provider plans or a managed care organization to treat employees' injuries. This permits both the employer and the insurer to control the quality of medical care and reduce costs. It is essential to select the right medical provider for your treatment. Your doctor might refer you to specialists for further evaluation or testing. Your doctor's office will often give you an approved list of Board-certified providers to choose from, but there are exceptions. It is important to make sure your doctor is listed on this list prior to starting treatment. It is important to follow the instructions and guidelines of your doctor once you have found one. If you don't, it can negatively impact your claim for workers' compensation benefits. You should also be aware that the Workers' Compensation Board is constantly updating its Medical Treatment Guidelines based on new information from the medical field, as well as the recommendations of doctors. These changes could cause harm to injured workers. An experienced lawyer can help you learn how these changes impact your case. To prove that you've suffered a work-related injury workers compensation cases require appropriate treatment. Your doctor will have to be able to prove that your condition is caused by work and that you cannot go back to your previous occupation or do other work in the absence of specific restrictions to work. In certain states, your employer could have to cover diagnostic tests like x-rays or ultrasounds. These tests are designed to determine if the symptoms are related to your job and help you understand the medical condition you are suffering from and the appropriate way to manage it. Employers are also required to pay for any reasonable and necessary surgeries, implantations or injections suggested by your doctor to aid in the recovery process from your injury. 2. Wage Loss The loss of wages, or the ability to make up for lost income as a result of an injury on the job is among the most important workers compensation benefits. You may be eligible for up to two-thirds (depending on where you work) of your pre-injury earnings. Your age and severity of your injury will impact the amount you will receive. There are many jurisdictions that also have an upper limit on the weekly wages you are allowed to earn when you receive workers' compensation. A great way to ensure that you're getting the highest amount of money possible is to make your claim as soon as you can. Additionally, you must meet all deadlines and notify your employer of the claim promptly. The best method to determine if there is a valid claims case is to consult with an experienced worker's comp attorney. This will ensure that you are entitled to all benefits allowed by law, including lost wages and medical bills. For instance, you could be eligible for more benefits when you can prove that you have been actively looking for work since you injured or were involved in an accident. This is particularly the case if out of work for some period of time or have serious medical issues that hinder you from returning to your previous employment. The greatest benefit is that you do not need to cover any charges or out of pocket expenses! 3. Litigation The first step on the litigation timeline is to file the Claim Petition which places your case in the court system and initiates the process of litigation. The petition will provide the details of the injury date, time and other information. Even though the insurance or employer company might not reply the petition, it is presented to a judge who will determine the amount and for how long. The Workers' Compensation Board is able to resolve some issues without having to conduct an appeal. This can include disputes about whether the injury is a result of work or not, the extent of your disability, monetary awards payable to you, as well as what medical treatment is suitable. More complex disputes require a formal hearing before a Workers Compensation Law Judge. The judge will hear each side's evidence and make a determination about the amount of benefits you are entitled to. During the hearing, both attorneys 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, they will issue a written decision which outlines the findings of the hearing and your workers' compensation claim is closed. The judge will then provide you with a copy of the Decision by mail. If your employer or the insurance company are not happy with the claims investigation they may require an independent medical examination (IME). It is a doctor's 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 important medical evidence. The IME will go through your medical records, and make a report on your injuries and treatment. After your IME is completed, your employer will usually hire an attorney to defend its side of the claim. This can be a difficult procedure that requires numerous legal experts and a lengthy time on the employer's part. Panelists suggested that injured employees who are taking painkillers as part of their treatment should be monitored closely during litigation. They could be at risk of addiction if they're taking too much or are taking the wrong medications. 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 could be split into regular installments over time. A workers' compensation settlement may be a great option to navigate the long process of dealing with workplace injuries. But, you shouldn't make a decision to settle a claim without first speaking with an experienced lawyer. Settlements for workers' compensation can be obtained to cover medical expenses, lost wages, or other expenses resulting from your injuries. A settlement can assist you in covering future costs and prevent you from being forced to bring a lawsuit. Your state may have different laws regarding how a worker's compensation settlement is handled, but generally, you can decide whether to settle your claim with a lump sum, or structured payments. The amount of your settlement will depend on your specific situation and the extent of your injuries. The typical workers' compensation settlement is about $12,000 however, it could be greater or less depending on the kind of injury and the state where you reside. Your lawyer for workers' comp will estimate the amount of your settlement and assist you to make an informed decision about the best time to settle. No matter the sum, the most important thing is to settle the claim quickly. workers' compensation attorney davenport will both you and your insurance company much time and money. Sometimes, insurance companies will offer a settlement prior to the time you even file your claim. This 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. In these situations your lawyer could suggest that you accept the offer or they can try to negotiate for a larger amount. In the end, you'll need to make the right decision for your future. If your insurance company declines your claim, you are able to seek a hearing before the judge or the worker's compensation hearings officer. The judge will look over your case and determine the fair amount to settle. This can be a complicated process, but it is worth the effort.