The procedures of worker’s compensation differ from one state to the other. However, the general concepts are the same. Here are some of the steps involved in workers compensation process.
Notification and reporting
The law requires that you must report the injury related to work to your employer within the shortest period. Often it is thirty days or fewer. It is important that you check the deadline of the area you live because the duration differs from one state to the other. You can also ask your worker’s compensation lawyer to give you more information regarding the duration.
Independent medical examination
After reporting the injury formally, your insurer has the right to request that you see a doctor of their choice. “Your insurer will carefully select the doctor to carry out the examination so that they can deliver report that is favorable to them” says Kenton from Kentons Law Firm. During the examination you should provide long history of your physical history, how the injury happened, your complaints and symptoms since you incurred the injury. The doctor will then examine you. If you fail to adhere to your doctor’s requests, your insurance firm might stop your workers’ compensation benefits.
There are states that require you to undergo impartial medical exams. This is set by your state workers’ compensation agency. The doctor to do the examination is chosen randomly from doctors who are viewed as impartial. This examination is necessary because the law requires that the workers’ compensation judge accept the opinion that is given by the impartial doctor. Therefore, the judge will accept the information provided by your impartial doctor. This is the examination that can make or break your case.
All issues in your case might be decided at a single hearing or several hearings depending on your state. Some of the issues that are decided during this process include whether you suffered an injury that is related to work, if you had prior injury or your injury is new, your extent of disability as a result of the injury and your weekly age. Depending on the strength of your case during the hearing you will either be compensated for the injury or you be denied the compensation if you present a weak case.
If you have a strong case you will be compensated for the work related injury. The amount you are compensated depends on the extent of the injury, extent of disability and many other factors that will be decided by your judge.