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What is a Workers Compensation Case? Workers compensation is a legal procedure that occurs when an employee is injured during work. It is designed to shield workers from losing their wages as well as to pay for rehabilitation and medical treatment. A worker who is injured can receive medical care as well as wage loss benefits, and even a settlement when they are involved in the workers' compensation process. 1. Medical Treatment When an employee is injured on the job, their comp insurance usually covers medical treatment. This includes the initial emergency treatment , such as an ambulance ride, and then ongoing care including medication, physical therapy and other costs. The injured worker is also entitled to reimbursement for travel expenses to and from doctor's appointments. This is especially useful for those who need to undergo surgery. Employers have the option of contract with a managed care organization or preferred provider plans in the majority of states to treat injuries resulting from work. This is a way for both the insurer and employer to reduce costs by controlling the quality of medical treatment. It is crucial to select the best medical professional for your treatment. Your doctor may refer you to specialists to conduct further tests or evaluations. The list of Board-approved practitioners will be provided by your doctor's office. However, there are some exceptions. Before you begin treatment, make sure to check that your doctor is listed. After you have discovered a doctor is critical to adhere to their guidelines and instructions. If you don't, it can adversely affect your claim for workers' compensation benefits. Also the Workers' Compensation Board regularly changes its Medical Treatment Guidelines. This is based on new information and recommendations from medical professionals. These changes can sometimes be detrimental to injured workers, but a knowledgeable lawyer can assist you in understanding how they affect your case. To prove that you have suffered an injury at work Workers compensation cases require appropriate treatment. Your doctor must confirm that your injuries are associated with your work environment and that you cannot return to your previous occupation or do other work unless you've been granted special work restrictions. In certain states, your employer could have to cover diagnostic tests, such as xrays and ultrasounds. These tests can help determine whether your ailments are related or not to the workplace. Your doctor will recommend that your employer cover any necessary and reasonable surgery, implantations, or injections to aid in the recovery process from your injury. 2. Wage Loss Loss of wages or the ability to replace income lost as a result of an on-the-job injury, is one of the most significant workers compensation benefits. Based on the state where your job is located, you may be entitled to to two-thirds the amount of your pre-injury earnings. The amount you are awarded is determined by a variety of factors, such as your age and the severity of the injury. A lot of jurisdictions also set an upper limit on the amount of weekly wage loss you can receive in the event you receive workers' compensation. You can ensure you get the highest amount of compensation you can by filing your claim as soon as you are able to. Also, you must be sure that you are meeting all of your deadlines and notify your employer as soon as you can. An experienced lawyer for workers' compensation is the best way to determine whether you have a valid claim. This will help ensure that you receive the maximum amount of benefits allowed by the law, including for lost wages and medical bills. For instance, you could be eligible for a higher benefit rate when you prove that you've been actively looking for work since you injured or sustained injuries in your accident. This is particularly the case if out of work for some time or have significant medical restrictions that keep you from returning to your former work. The best part is that you don't have to pay any fees. 3. Litigation The first step on the timeline of litigation is to submit the Claim Petition which places your case in the court system and starts the process of litigation. It will describe the incident date, time and other information. The Insurance Company or the Employer may or not respond to this petition however, once it does the matter is at the discretion of an arbitrator who will decide the amount of benefits you can receive and how long. Certain issues can be settled by the Workers Compensation Board informally, without a hearing. These include disputes regarding whether the injury was caused by work the severity of your disability is, what financial awards you are entitled to, and what medical treatment is required. More complex disputes require an official hearing before a Workers Compensation Law Judge. The judge will take both sides' evidence and then make a decision on the amount of benefits you are entitled to. The attorneys will both present written arguments to judge during the hearing. The arguments will detail the evidence they have gathered and their position on the issues. If the judge agrees with both attorneys, he will issue a written Decision that states the results of the hearing and your workers' compensation claim is closed. The judge will send you a copy the Decision in the mail. If your employer or the insurance company disagree with the claim investigation they may require an independent medical examination (IME). This is a medical exam which your employer will pay for to examine you and collect evidence. The IME is a vital element of the litigation timeline because it provides crucial medical evidence to your employer. The IME will review your medical records and report on your injuries, and also your treatment. After your IME is completed, the employer will usually hire an attorney to defend its side of the argument. This can be a difficult process that requires multiple legal experts and a long time on the part of the employer. Workers who have suffered injuries who are taking painkillers as part of their treatment may have to be closely monitored during litigation, panelists said. They could be addicted to the medication 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. workers' compensation lawyer dothan will pay you a specific amount. This can be a lump sum payment or it could be broken down into regular payments over time. A workers' compensation settlement can be a good way to speed through the long process of dealing with workplace injuries. Do not sign settlement without consulting with an experienced attorney. Settlements for workers' compensation can be obtained to cover medical bills, lost wages or other expenses resulting from your injuries. A settlement can help you pay for future expenses and save you from having to file an action. The state you live in will have its own laws that govern how a workers' compensation settlement is dealt with, but generally you can decide to settle your claim with a lump sum, or structured payments. The amount of your settlement will depend on the circumstances and the extent of your injuries. The average workers' comp settlement is about $12,000 however, it could be greater or less depending on the nature of the injury and the state in which you reside. Your lawyer for workers' compensation can help you determine the amount of your settlement, and make informed choices about the time to settle. No matter how large the amount, the important thing is to settle the claim quickly. This will help you and your insurer save much time and money. Sometimes the insurance company will offer a settlement prior to the time you have even filed your case. 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 more. You'll ultimately have to make the best choice regarding your future. If your insurance company declines your claim, you are able to request a hearing before either an adjudicator or a worker's compensation hearings officer. The judge will examine your case and determine the amount of settlement that is fair. This can be a complicated process, but it is worth the effort.