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What is a Workers Compensation Case? Workers compensation is a legal process that is initiated when an employee gets injured on the job. It is designed to shield employees from losing their income and to cover rehabilitation and medical treatment. An injured worker can receive medical treatment or wage loss compensation, and even a settlement in a workers' compensation case. 1. Medical Treatment When an employee is injured on the job, workers comp insurance usually will cover medical treatment. This includes the initial emergency treatment such as an ambulance ride and then continuing care that includes medication, physical therapy and other costs. Injured workers also have the right to reimbursement for travel expenses to cover the cost of transportation to and from doctor's appointments. This is especially helpful to employees who suffer injuries that require surgery. Employers have the option to contract with a managed care organization or preferred provider plan in the majority of states to treat injuries resulting from work. This is a way for both the insurer and the employer to reduce costs by controlling the quality of medical treatment. Selecting the right medical professional for your treatment is important, as you may need a specialist in treating your particular injury. Your doctor may also recommend you to specialists to conduct further tests and evaluation. Your doctor's office can often provide you with a list of Board-approved providers to select from, however there are some exceptions. You should ensure that your doctor is on this list prior starting treatment. It is important to follow the directions and guidelines of your physician after you have identified one. Failure to do so could negatively impact your claim to workers compensation benefits. Also, the Workers' Compensation Board regularly changes its Medical Treatment Guidelines. This is dependent on the latest information and recommendations from doctors. These changes could cause harm to injured workers, but an experienced 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 establish that you have a work-related injury and therefore are eligible for the benefit of lost wages. Your doctor must confirm that your symptoms are related with the workplace. You aren't able to return to your previous position or engage in other activities, unless special limitations on work have been imposed on you. In some states, your employer could have to pay for diagnostic tests, such as xrays and ultrasounds. These tests can help you determine whether your symptoms are connected or not related to work. Your employer must also pay for any reasonable and essential treatments, surgeries, or injections recommended by your physician to aid in the recovery process from your injury. 2. Wage Loss The loss of income, or the ability to make up for lost income due to an injury sustained on the job is among the most significant workers compensation benefits. workers' compensation lawyer glendale may be entitled to up to two-thirds (depending on where you work) of the earnings you earned prior to your injury. The amount you receive is based on a variety of factors, including your age and the severity of your injury. Some jurisdictions also have an upper limit on the amount of weekly wages you are allowed to earn in the event you receive workers' compensation. A great way to ensure that you are getting the most benefit from your claim is to file your claim as soon as you can. Also, you must be on time to meet all deadlines and notify your employer promptly. The best way to determine whether you have a valid claim is to speak with an experienced lawyer for workers' compensation. This will ensure that you receive all benefits provided by law, including lost wages and medical bills. You could be entitled to a higher benefit rate if you're employment record shows that you've been actively looking for employment following the accident. This is especially the case if out of work for some period of time or have severe medical limitations that prevent you from returning to your former work. The best thing is that you don't need to pay any fees. 3. Litigation The Claim Petition is the first step on the timeline of litigation. This brings your case before the court system and starts the process of litigation. The claim petition will include the nature of the injury dates, times and other information. While the employer or insurance company might not reply, the petition is then sent to a judge who will decide on the amount and for how long. Certain issues can be resolved by the Workers Compensation Board on a casual basis without a hearing. These include disputes over whether the injury was caused by work, how severe your disability is, what monetary benefits you are entitled to and what medical care is required. More complex disputes require a formal hearing before a Workers Compensation Law Judge. The judge will listen to the evidence of both sides and make a determination about the amount of benefits you are entitled to. Both attorneys will submit written arguments to the judge during the hearing. The arguments will outline the evidence they have collected and their positions on the issues raised. If the judge agrees with the arguments of both attorneys, he will issue a written decision that states the results of the hearing, and your workers' comp claim is closed. The judge will send you a copy the Decision in the mail. If your employer or the insurance company do not agree with the investigation into your claim they may request an independent medical exam (IME). This is a medical exam which your employer will pay to examine you and gather evidence. The IME is an essential part of the litigation timeline because it provides your employer with vital medical evidence. The IME will go through your medical records and make a report on your injuries and treatment. Once your IME is completed, the employer is likely to hire an attorney to represent its side of the dispute. This can be a complicated process that requires multiple legal experts and plenty of time on the part of your employer. Panelists suggested that injured workers who are taking painkillers as part of their treatment should be closely monitored during litigation. They could be addicted if they take too much or are using the wrong drug. 4. Settlement A workers compensation settlement is a contract between your employer and the insurance company to pay you a certain amount. This can be a lump sum payment , or it could be broken down into regular payments over time. A workers' compensation settlement may be a good way to get through the long process of dealing with workplace injuries. It is not advisable to sign a settlement without consulting an experienced attorney. Settlements for workers' compensation can be obtained for medical expenses, lost wages, or any other expenses related to your injuries. Settlements can help you pay for future expenses and keep you from having to file an action. Each state has its own laws on worker's compensation settlements. However, you can choose whether to settle your claim in a lump sum or structured payments. The amount of your settlement will be contingent on your particular situation and the extent of your injuries. The average workers' compensation settlement is $12,000. However, it could vary based on the nature and state of your injury. The lawyer representing you in workers' compensation can assist you in determining the amount of your settlement and make informed decisions about the time to settle. Whatever the amount, the important thing is to settle it quickly. This will both you and your insurance company many hours and money. Sometimes, the insurance company will offer to settle your case before you even file 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. Your lawyer may recommend that you accept the offer or negotiate for the amount you want to pay. In the end, you'll have to make the best choice for your future. If your insurance company rejects your claim, you may have a hearing with an adjudicator or a worker's compensation hearings officer. The judge will evaluate your case and determine a fair settlement amount. This can be a complicated process, but it is worth the effort.