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What is a Workers Compensation Case? Workers compensation is a legal action that occurs when an employee gets injured while on the job. It is designed to shield employees from losing their income and also 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 as part of the workers' compensation process. 1. Medical Treatment If an employee gets injured at work, workers comp insurance typically covers medical treatment. This includes the initial emergency treatment , such as an ambulance ride and regular care, which includes medication, physical therapy as well as other expenses. The injured worker also has the right to reimbursement for travel expenses to and from doctor's appointments. This is especially useful for those who must undergo surgery. In most states, the employer has the option of contracting with a preferred provider plan or managed care organizations to treat workers' injuries. This allows both the employer as well as the insurer to regulate the quality of medical care and to reduce the cost. Selecting the right medical professional to treat you is essential since you may require an expert in treating your particular injury. Your doctor may refer you to specialists to further test or evaluate. Your doctor's office will often provide you with the list of Board-approved doctors to choose from, though there are exceptions. You should ensure that your doctor is on this list before starting treatment. After you have located a doctor, it is essential to follow their instructions and guidelines. Failing to do so can negatively affect your claim for workers' compensation benefits. Additionally, the Workers' Compensation Board periodically updates its Medical Treatment Guidelines. This is an outcome of new information and recommendations from medical professionals. These changes may affect injured workers, but a skilled attorney can help you understand the impact they have on your case. Getting proper treatment is essential in a workers ' compensation case to establish that you have an injury that is related to work and are eligible to receive the compensation for lost wages. Your doctor must confirm that your ailments are linked to your job. You are not able to return to your previous job, or engage in other activities unless work restrictions have been imposed on you. It is also important to note that in certain states, your employer has to pay for diagnostic tests such as ultrasounds and xrays. These tests are designed to determine if your ailments are related to your work and help you understand the nature of your illness and what is needed to manage it. Your doctor will recommend that your employer cover any necessary and reasonable surgeries or injections, whether implantations, or surgeries to aid in the recovery process from your injury. 2. Wage Loss Wage loss or the capacity to make up for lost income as a result of an injury that occurs on the job is among the most important workers ' compensation benefits. Depending on the state where you work, you could receive up to two-thirds of your wages prior to injury. The amount you are awarded is based upon a variety of factors, such as your age and the severity of the injury. A lot of jurisdictions also set limits on the amount of weekly wage loss you can receive when you are receiving workers’ compensation. You can make sure you receive the most money possible by filing your claim as soon possible. Also, you must adhere to deadlines and notify your employer of the claim promptly. The best method to determine if you've got a valid claims case is to talk to an experienced worker's compensation attorney. This will ensure that you receive all benefits allowed by law which includes lost wages and medical expenses. You could be eligible for a greater benefit rate if your work history shows that you have been actively looking for work since the accident. This is especially the case if out of work for a significant time or are dealing with serious medical issues that hinder you from returning to your previous job. The great thing is that you do not have to pay any fees or expenses out of pocket! 3. Litigation The first step of the litigation timeline is to start by filing a Claim Petition that puts your case before the court system and begins the litigation process. The petition will provide the details of the injury dates, times and other information. Even though the insurance or employer company may not respond, the petition is then presented to a judge who will decide what the amount and for how long. The Workers' Compensation Board is able to resolve certain disputes without having to conduct hearings. This can include disputes about whether the injury is a result of work and the severity of your disability, the amount of monetary awards that are payable to you, as well as what medical treatment is suitable. workers' compensation lawyer mississippi require a formal hearing before a Workers Compensation Law Judge. The judge will hear evidence from both sides and make an assessment of the amount of benefits you will receive. The attorneys will both present written arguments to judge during the hearing. The arguments will outline the evidence they have gathered as well as their views on the issues. If the judge agrees with the arguments of both attorneys, the judge will issue a written Decision which outlines the findings of the hearing, and your workers' compensation claim will be closed. You will receive a copy of this Decision via mail. When your employer or its insurance company disagrees with the claims investigation the company will usually request an independent medical examination (IME). It is a doctor's appointment which your employer will pay for in order to test you and gather evidence. The IME is an important part of the litigation process as it provides important medical evidence to your employer. The IME will review your medical records and provide a report on your injuries as well as the treatment you received. Usually, once your IME is completed, the employer will hire an attorney to represent their side of the claim. This can be a lengthy process that requires several legal experts and a lot time on the part of the employer. Panelists suggested that injured workers who are taking pain medication as part of their treatment must be closely monitored during litigation. They are at risk of addiction if they're taking to much or are taking the wrong medication. 4. Settlement A workers settlement for compensation is a contract between you and the insurance company that covers your employer to pay you a specific amount of money. It could be a lump sum or it could be structured into regular payments over time. A workers' compensation settlement may be a good way to navigate the long process of dealing with workplace injuries. Do not sign a settlement without consulting an experienced attorney. Settlements for workers' compensation are available for medical bills, lost wages and other costs related to your injuries. Settlements can help you pay for future expenses and save you from having to file a lawsuit. Each state has its own laws governing worker's compensation settlements. However you have the option of choosing whether to settle your case with a lump-sum payment or structured payment. The amount of your settlement will depend on the circumstances and the severity of your injuries. The average workers' comp settlement is around $12,000, but it can be much higher or lower based on the nature of the injury and the state in which you live. Your lawyer for workers' compensation can estimate the amount of your settlement and help you make an informed decision about the best time to settle. No matter how big the amount, the most important factor is to settle it quickly. This will both you and your insurance company lots of time and money. Sometimes an insurance company will offer settlement 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. In these instances, your lawyer can recommend that you accept the offer or bargain for a greater amount. It is up to you to make the right decision regarding your future. If your insurance company rejects your claim, you may seek a hearing before the judge or a workers' compensation hearings officer. The judge will examine your case and decide on a fair settlement amount. It's not easy however it is worth the effort.