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What is a Workers Compensation Case? Workers compensation is a legal procedure that occurs when an employee gets injured while on the job. It is designed to safeguard the worker from loss of income and to help pay for medical treatment and rehabilitation. In the course of a workers' compensation case, it is possible for an injured worker to receive medical treatment and wage loss benefits and even an settlement. 1. Medical Treatment When an employee is injured at work, workers comp insurance typically covers medical treatment. This includes the initial emergency treatment like an ambulance ride and ongoing care , including physical therapy, medication as well as other expenses. The injured worker is also entitled to travel reimbursement for trips to and from doctor's appointments. This is especially beneficial for those who must undergo surgery. Employers can choose to sign a contract with a managed care organization or preferred provider plan in the majority of states to treat work-related injuries. This is a means for both the employer and the insurer to reduce costs by regulating the quality of medical care. Choosing an appropriate medical provider for your treatment is crucial because you may require an expert in treating your particular injury. Your doctor may also refer you to specialists for further evaluation and testing. The list of Board-approved doctors will be provided by your doctor's office. However, there are exceptions. You should check to confirm that your doctor is listed on this list prior to starting treatment. It is essential to follow the instructions and guidelines of your doctor once you have found one. In the absence of this, it could affect 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 and the suggestions of doctors. These changes may be harmful to injured workers, however a knowledgeable attorney can assist you in understanding how they impact your case. It is vital to seek out the right treatment when you are pursuing a workers' comp claim to show that you suffered an injury at work and are eligible to receive the benefit of lost wages. Your doctor must document that your symptoms are associated with your work environment and that you are not able to return to your previous job or engage in other activities in the absence of specific work restrictions. It is also important to note that in some states, your employer is required to pay for diagnostic tests such as x-rays and ultrasounds. These tests can help you determine if your symptoms are related or not to your job. Employers are also required to pay for any reasonable and essential treatments, surgeries, or injections recommended by your doctor 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 biggest benefits of workers compensation. Based on the state in which you work, you could receive up to two-thirds the amount of your pre-injury earnings. The severity and age of your injuries will affect the amount you are awarded. Many jurisdictions also have limitations on the amount of weekly wage loss you are entitled to when you receive workers’ compensation. A great way to ensure that you're getting the most money you can get is to make your claim as soon as you can. You should also make sure that you meet all of your deadlines and inform your employer as soon as you can. An experienced attorney in worker's compensation is the best way to determine whether you have a valid claim. This will ensure that you get the maximum benefits available under the law, including those for lost wages and medical bills. You could be eligible for a higher amount of benefits if your employment history shows that you have been actively seeking employment since the accident. This is particularly relevant if your injuries have kept you out of work or you have medical limitations that prevent you from returning to your previous job. The great thing is that you don't have to pay any costs or out-of-pocket expenses! 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 initiates the process of litigation. The claim petition will include the nature of the injury date, time and other information. The Insurance Company or the Employer may or not respond to this request however, once it does it will be in the hands of an arbitrator who will decide the amount of benefits you receive and for how long. The Workers' Compensation Board can resolve some issues without having to hold an hearing. These include disputes about whether the injury is related to work or not, how severe your disability is, what financial awards you are entitled to, and what medical treatment is necessary. More complex disputes require an in-person hearing before a Workers' Compensation Law Judge. The judge will hear evidence from both sides and then make a an assessment of the amount of benefits you will receive. Both attorneys will present written arguments to the 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 the arguments of both attorneys, the judge will issue a written decision that details the outcome of the hearing and your workers' compensation claim is closed. The judge will send you a copy the Decision by mail. If your employer or insurance carrier disagrees with the claim investigation they will typically demand an independent medical exam (IME). This is a medical exam which your employer will pay to examine you and collect evidence. The IME is a crucial part of the litigation process because it is a crucial piece of medical evidence to your employer. The IME will review your medical records, and report on your injuries and also your treatment. Typically, after your IME has been completed, the employer will hire an attorney to represent their part of the claim. This can be a complex procedure that will require many legal experts and considerable amount of time on the part of the employer. Workers who are injured and receiving medications for pain as part their treatment may have to be watched closely during litigation, panelists stated. They are at risk of addictions if they're taking too much or using the wrong drug. 4. Settlement A workers compensation settlement is an agreement between you and the insurance company of your employer to pay you a particular amount. It could be a lump-sum payment or organized into regular payments over time. A workers' comp settlement can be a successful option to stop the long process of managing your workplace injury. Do not sign settlement without consulting with an experienced attorney. Settlements for workers' compensation are available for medical bills, lost wages, and other costs related to your injuries. A settlement can help you pay for future expenses and keep you from being forced to start a lawsuit. Your state may have different laws regarding how a worker's 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' compensation settlement is approximately $12,000, but it can be much higher or lower based on the nature of the injury and the state in which you reside. Your workers' compensation lawyer can estimate the amount of your settlement and help you make an informed decision about how much to settle. Regardless of the amount, the important thing is to settle quickly. This will save you and your insurer many hours and money. Sometimes workers' compensation attorney gilbert might offer to settle your case prior to you have even filed it. 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 can recommend that you accept the offer or negotiate for a larger amount. It is up to you to make the best choice regarding your future. If your insurance provider denies your claim, you are able to seek a hearing before a judge or a worker's compensation hearings officer. The judge will examine your case and determine an appropriate settlement amount. This is a lengthy process, but it is worth the effort.