Do you know all the workers’ compensation laws in your state? Most people do not and that is why it is important to have a lawyer. Work-related injuries are not litigated like car accidents. For example, insurance must pay an injured worker for lost wages and medical treatment regardless of fault. There are three requirements to have a workers’ comp claim. First, the employer must have workers’ compensation insurance. Next, the injured work must be an employee, and their injury is work-related. The insurer must pay for medical care, lost wages and rehabilitation.
Having an experienced attorney is important for injured workers. Attorneys know all the rules and the process of submitting workman’s comp paperwork. For example, some states pay workers mileage for medical-related trips. It is up to the worker to keep up with the mileage and submit it for reimbursement. Additionally, injured workers receive lost wages until a medical doctor says they can return to work. There are several different types of disability payments including:
• temporary total-injury hinders employee from working for a period
• temporary partial-employee is unable to perform some job duties for a period
• permanent total employee is permanently injured and cannot return to work
• The permanent partial- disability is permanent, but an employee can still do some work
The attorney continues the process of submitting workman’s comp paperwork. All the paperwork must be complete and submitted before a settlement can be reached. The settlement amount is based on what benefits the worker is entitled to. Indeed, most workers prefer to settle their claims and get on with their lives. If a doctor wants to operate, the attorney can ask that the surgery cost be included in the settlement. Of course, the worker must say they do not want the surgery. The insurer will pay for other benefits the worker is entitled to including permanency. Most states assign a dollar amount that must be paid for different permanent injuries. The critical part of a settlement is receiving everything one is entitled to. Hire an experienced attorney and they will work out the best settlement for you.
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