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What is a Workers Compensation Case? Workers compensation is a legal procedure that takes place when an employee suffers an injury on the job. It is designed to protect the employee from losing income and to assist in paying for medical treatment and rehabilitation. An injured worker could receive medical care, wage loss benefits and even a settlement as part of a workers' comp case. 1. Medical Treatment Workers compensation insurance covers the majority of medical expenses for employees that are injured while on the job. This covers the initial emergency treatment, which could include an ambulance ride, as well as regular care, including medication and physical therapy. Injured workers also have the right to travel reimbursement to pay for transportation to and from their doctor's appointments. This is particularly beneficial for employees who have to undergo surgery. Employers have the option to sign a contract with a managed care organization or preferred provider plans in many states to treat work-related injuries. This is a way for both the insurer and employer to lower costs by regulating the quality of medical treatment. Finding a qualified medical professional for your treatment is crucial because you may require a physician who specializes in treating your particular injury. Your doctor can also refer you to specialists for further evaluation and testing. The doctor's office will typically give you the list of Board-approved doctors to choose from, although there are some exceptions. Before you begin treatment, confirm that your doctor's name is on the list. It is crucial to follow the directions and guidelines of your doctor once you have found one. If you don't, it could affect your claim for workers compensation benefits. Also, the Workers' Compensation Board periodically changes its Medical Treatment Guidelines. This is in response to new information and advice from doctors. These changes could affect injured workers, but a knowledgeable attorney can assist you in understanding the impact they have on your case. To prove that you've suffered an injury from work, workers compensation cases require proper treatment. Your doctor must confirm the connection between your symptoms to the workplace. You aren't able to return to the job you were employed in or engage in any other activities unless work restrictions have been imposed on you. It is also important to remember that in some states, your employer must pay for diagnostic tests such as ultrasounds and x-rays. These tests can help you determine whether your ailments are related or not related to work. Your employer must also pay for any reasonable and essential surgeries, implantations or injections recommended by your physician to help you recover from your injury. 2. Wage Loss Wage loss is the ability to replace income lost due to an on-the job injury. This is one of the biggest benefits of workers compensation. You may be eligible for up to two-thirds (depending on the location you work) of your earnings prior to injury. Your age and severity of your injury will impact the amount you are awarded. Additionally there are many jurisdictions that place a cap on the total amount of wage loss per week that you are entitled to while you are receiving workers compensation. A good way to ensure that you are getting the highest amount of money possible is to submit your claim as quickly as you can. Also, you must meet deadlines and notify your employer promptly. The best way to determine if you have an appropriate claim case is to speak with an experienced lawyer for workers' compensation. This will ensure that you are entitled to all the benefits that are allowed by law that include lost wages and medical bills. For example, you may be eligible for a higher benefit rate when you can prove that you have been actively looking for a job after you were injured or suffered your accident. This is especially applicable if you've been off work for a period of time or are dealing with severe medical limitations that prevent you from returning to your former work. The most appealing aspect is that you do not need to cover any fees or expenses out of pocket! 3. Litigation The Claim Petition is the first step in the timeline for litigation. This puts your case in the court system and initiates the process of litigation. It will detail the injury, date, time as well as other details. The Employer or Insurance Company may or not respond to this request however once they do the matter is in the hands of an individual judge who will determine the amount of benefits you receive and how long. The Workers' Compensation Board can solve certain issues without needing to hold an appeal. These include disputes regarding whether the injury is work-related and how severe your impairment is, what monetary benefits you are entitled to, and what medical care is required. For more complicated disputes an official hearing is required before a Workers' Compensation Law Judge. The judge will listen to evidence from both sides and then make a an assessment of the amount of benefits you will receive. Both attorneys will submit written arguments to the judge during the hearing. The arguments will outline the evidence they've collected and their position on the issues they have raised. If the judge accepts the arguments of both lawyers, the judge will issue a written decision that outlines the results of the hearing, and also closes your workers claim for compensation. You will receive a copy of this Decision by mail. If your employer or insurance carrier is not happy with the investigation into claims the company will usually require an independent medical examination (IME). This is a doctor's examination that your employer pays for in order to examine you and gather evidence. The IME is an essential element of the litigation timeline 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 the treatment you received. Usually, once workers' compensation attorney chattanooga is completed, your employer will employ an attorney to represent its part of the claim. This is a lengthy procedure that requires numerous legal experts and an extensive amount of time on the part of your employer. Panelists suggested that injured workers who are taking pain medications as part of their treatment should be monitored closely during litigation. They could be at risk of addiction if they're taking too many or 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 can be a lump sum amount or it could be split into regular payments over time. A workers' compensation settlement is a great way to end the lengthy process of dealing with an injury at work. You should not agree to the settlement without consulting an experienced attorney. Workers' compensation settlements can be obtained for medical bills, lost wages and other costs related to your injuries. A settlement may also help you pay for future costs and prevent you from being forced to bring 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 for a lump-sum or structured payments. The amount you receive will be contingent on your particular situation and the extent of your injuries. The average workers' comp settlement is approximately $12,000, however, it could be higher or lower based on the type of injury and the state in which you reside. Your workers' compensation lawyer will estimate the amount of your settlement and assist you to make an informed decision on how much to settle. No matter how big the amount, the important aspect is to settle it quickly. This will save your insurer time and money. Sometimes, the insurance company will 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 cases the lawyer may suggest that you accept the offer or bargain for a greater amount. It is up to you to make the best choice regarding your future. If your insurance company denies your claim, you may request a hearing before the judge or the worker's compensation hearings officer. The judge will look over your case and decide on the fair amount to settle. It's not always easy, but it is well worth the effort.