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What is a Workers Compensation Case? A workers compensation claim is a legal process that takes place when an employee is injured while on the job. It is designed to shield workers from losing their income and also to pay for rehabilitation and medical treatment. An injured worker may receive medical care, wage loss benefits and even a settlement during an workers' compensation claim. 1. Medical Treatment If an employee gets injured while on the job, workers comp insurance typically covers medical treatment. It covers the initial emergency treatment, like an ambulance ride, and ongoing care including medication and physical therapy. The injured worker also has the right to reimbursement for the cost of travel to and from doctor's appointments. This is particularly beneficial for those who suffer injuries that require surgery. In most states, the employer has the option of contracting with preferred provider plans or managed care organizations to treat employees' work injuries. This is a way for both the employer and the insurer to reduce costs by regulating the quality of medical care. It is crucial to select the right medical provider for your treatment. Your doctor could refer you to specialists to further test or evaluate. The list of Board-approved practitioners will be provided by your doctor's office. However, there are some exceptions. You should confirm that your doctor is on this list before starting treatment. After you have discovered a doctor is critical to follow their directions and guidelines. Failing to do so can adversely affect your claim for workers compensation benefits. It is also important to know that the Workers' Compensation Board updates its Medical Treatment Guidelines based on new information in the medical field, as well as the recommendations of doctors. These changes may be harmful to injured workers, but a skilled lawyer can assist you in understanding how they impact your case. It is vital to seek out the right treatment in a workers ' compensation claim to establish that you have an injury from work and are eligible to receive the benefit of lost wages. Your doctor must prove that your symptoms are associated with your work environment and that you cannot return to work or perform other activities unless you've been granted special work restrictions. In some states, your employer might require you to pay for diagnostic tests like xrays or ultrasounds. These tests can help you determine if your symptoms are related or not to your job. Your doctor will recommend that your employer pay for any necessary and reasonable procedures and injections to help you recover from your injury. 2. Wage Loss Wage loss is the capacity to replace income lost because of an injury. This is one of the main benefits of workers compensation. You may be eligible for up to two-thirds (depending on where you work) of your earnings prior to injury. The amount you receive is based upon a variety of factors, including your age and the severity of your injury. In addition, many jurisdictions place limits on the total amount of weekly wage loss that you could receive while you receive workers compensation. You can be sure to receive the highest amount of compensation possible by filing your claim as soon as you are able to. Also, you must meet all deadlines and notify your employer of the claim promptly. An experienced attorney in worker's compensation is the best way to determine whether you have a valid claim case. This will ensure that you receive the maximum benefits available under the law, such as those for medical expenses and lost wages. For example, you may be eligible to receive a higher benefit rate if you can show that you've been actively searching for employment since you were injured or suffered your accident. This is especially true if you have been absent from work for a long time or are dealing with significant medical restrictions that prevent you from returning to your previous employment. The best part is that you don't need to pay any charges. 3. Litigation The first step on the timeline of litigation is to file the Claim Petition which places your case in the court system and initiates the litigation process. It will detail the injury date, time as well as other details. Although the Employer or Insurance company might not respond, the petition is then sent to a judge who will decide how much and for how long. The Workers' Compensation Board has the ability to solve certain issues without needing to conduct hearings. This includes disputes over whether the injury is work-related or not, the degree of disability, the amount of money you can receive to you, as well as what medical treatment is appropriate. For more complicated disputes it is necessary to have a formal hearing before a Workers' Comp Law Judge. The judge will listen to evidence from both sides and make an assessment of the amount of benefits you will receive. During the hearing the attorneys will present written arguments to the judge. These arguments will detail the evidence they've collected and their position on the issues raised. If the judge is in agreement with the arguments of both attorneys, they will issue a written decision that states the results of the hearing. Your workers' compensation claim is closed. You will receive a copy of this Decision via mail. When your employer or its insurance company disagrees with the claim investigation, it will often demand an independent medical exam (IME). It is a doctor's test that your employer will pay for to examine you and gather evidence. The IME is a crucial part of the litigation process because it provides crucial medical evidence to your employer. The IME will go through your medical records and report on your injuries as well as your treatment. Usually, once workers' compensation case lake charles has been completed, the employer will hire an attorney to represent its side of the claim. This is a complicated process that requires several legal experts and a long time on the part of the employer. Workers who have suffered injuries who are taking pain medication as part of their treatment could need to be closely monitored during litigation, panelists said. They are at risk of addiction if they're taking to many or taking the wrong medications. 4. Settlement A workers compensation settlement is an agreement between you and your employer's insurance company to pay you a certain amount of money. It can be a lump sum payment or it can be broken down into regular payments over time. A workers' compensation settlement can be a great option to navigate the long process of dealing with workplace injuries. You shouldn't sign a settlement without consulting an experienced attorney. You can receive a workers settlement from your workers' compensation insurance for your medical expenses, lost wages and other costs related to your injury. A settlement can help you pay for future expenses and keep you from filing a lawsuit. Each state has its own laws governing worker's compensation settlements. However you have the option of deciding whether to settle your claim with a lump-sum payment or structured payments. The amount you receive will depend on your situation and the extent of your injuries. The typical workers' compensation settlement is approximately $12,000, however, it could be greater or less depending on the kind of injury and the state in which you live. The lawyer who handles your workers' compensation can estimate the amount of your settlement and assist you to make an informed decision about when to settle. Whatever the amount, the important thing is to settle quickly. This will both you and your insurance company many hours and money. Sometimes, the insurance company may offer a settlement prior to the time you even file 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 could recommend that you accept the offer or negotiate for a higher amount. In the end, you will have to make the right decision about your future. If your insurance company has refused your claim, you can request an appearance before an official judge or a workers hearings officer for compensation. The judge will review the case and decide on an appropriate amount to settle for you. It's not always easy but it's worth the effort.