How Employees Compensation Lawyers Administer Employees Compensation Cases

How workers compensation attorneys handle workers compensation cases follows several steps

. The typical procedure begins with the injury of an employee at work. The injury may be either physical or due to stress. If the firm or insurance pay the proper amount then a lawyer might not be necessary.

If payment is not made then it is the lawyer job to ask them to do so. After the lawyer tries to convince them and the case has not progressed then it will be forwarded to a Magistrate. The Workers Compensation Commission will be the one tasked to tell the insurance to pay you once a decision is arrived at in the case. A lawyer generally provides pressure on a company or insurance provider by bringing the case to court or arrive at a settlement so the worker receives what is due him.

The first step in the long process is the lawyer conducting an interview on the employee. Once the lawyer gathers sufficient information, he files the Application for Hearing in the Workers Compensation Commission. The Application copy is furnished to the company and the insurance firm. The insurance will tap the aid of their lawyer upon receipt of the Application. This process takes 1-2 months from filing date.

The lawyer of insurance will communicate the lawyer representing the injured worker. They will ask the employee to be checked by a doctor they select. The compensation attorney of the injured employee may require the latter to submit different proofs to support the case like: hospital records, medical bills and witnesses statements. A testimony from the doctor treating the injured employee may also be necessary.

A few months after Application for Hearing is filed, a pretrial will be scheduled. The employee need not show up for this hearing. The next step for the compensation attorney is to file Application for Mediation with the Workers Compensation Agency. The hearing date will be set. The compensation attorney can request for several mediation dates so the matter will be resolved.

Mediation is often 30 to 60 days apart. The injured employee may be asked to appear but not required to do so. The attorney will settle in your behalf. It is his role to report to you settlement offers from the defense.

If trial is necessary, you are required to see your lawyer 30 days before the schedule of trial. If trial preparation notice is not received, the trial may not proceed on the scheduled day.

Your attorney will go over your testimony during the trial prep appointment. This will take 1-2 hours. The compensation attorney will accompany you to the trial. There will be other cases heard during your trial case. You may be required to wait for your turn. This could take a whole day. The Magistrate may decide to adjourn your trial to another day.

The decision is given after trial within 60 to 90 days. The attorney enter all evidence in the trial to aid the Magistrate come up with a decision. This will facilitate the judgment process. The Commission will provide the employee a copy of the decision.

You can appeal the decision to the Appellate Commission of Workers Compensation Agency through your lawyer. He will discuss the procedure with you if appeal is essential. This is generally how workers compensation attorneys handle workers compensation cases.

by: Tom Johnson...

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