Apr 30, 2020 · Coming prepared with relevant documents and materials can help the attorney determine whether you have a valid claim. You may want to consider gathering the following documents: A summary of the workplace accident, including the date of the injury;
Nov 11, 2019 · Bring the Right Documents. You should also collect documents and other relevant information to bring to your meeting, including: any written reports of your accident or injury; your medical records; a list of your medical providers and their contact information; a list of any witnesses who saw your accident, with contact information
Make a Report to Your Employer and Complete Form C-1. A workers’ compensation claim begins when you tell your employer that you got hurt at work. Nevada Revised Statute 616C.010 requires you to report the injury to your employer “forthwith.”. That means right away.
Oct 30, 2012 · Drafting pleadings, findings of fact, motions, briefs, opinions, and other legal documents. Litigating cases before a judge or referee. A lack of concrete and comprehensive medical evidence is one of the primary reasons workers' comp claims fail, and it's a critical responsibility of an attorney to prevent this.
You should be ready with a brief summary of what has happened in your case so far. Lawyers like to go through events chronologically, so it will help to create a short timeline of the events, including:
You should also collect documents and other relevant information to bring to your meeting, including:
Initial consultations are also an opportunity for you to evaluate whether you want to hire a lawyer. You’ll want to get a feel for whether attorneys you're meeting have the time and experience to handle your case, and whether they’re the best fit for you.
If you’re hurt on the job, there’s a good chance that workers’ compensation is waiting to cover your medical bills and lost wages. You may want to work with a workers’ compensation attorney to take the right steps to document your claim. How do you record a workers’ comp injury?
If death occurs, the deceased party’s representative has only seven days to make a report. In the case of a surviving victim, the report should be made much sooner than seven days later.
With more than 30 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
You must complete form C-1 and give it to your employer. Form C-1 is titled Notice of Injury or Occupational Disease. The form is only one page long. The form asks for basic information like your name and phone number. It asks you to describe the accident and your injuries.
You must seek medical treatment within 90 days of your injury or the day you miss work from the injury. If death occurs, the victim’s representatives have one year to make a report. If you fail to seek medical care in the appropriate time frame, you may lose your right to file a claim.
When you seek medical care, the medical treatment provider completes form C-4 Employee’s Claim for Compensation/Report of Initial Treatment.
The person who provides your medical evaluation and care must submit their report within three days of your visit. They send the report to the insurance provider. You and your employer should both receive copies of the medical care provider’s report.
A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, ...
An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.
When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.
This includes a summary of each telephone call and a summary of all medical reports, state forms, letters, attorney reports, etc.
The medical documentation section of the claim file should be divided into two categories, medical bills, and medical reports . Each of these two areas should be further divided into medical providers, with all medical bills by each medical provider grouped by date of service, and all medical reports by each medical provider grouped by the date of service.
The medical management section of the claim file should include all correspondence and communications between the triage nurse and any other party. It should all obtain all reports, correspondence and communications between a nurse case manager assigned to assist the employee and any other party.
The vocational rehabilitation section of the claim file will contain all the reports and activities of the vocational counselor assigned to the employee. This can include a broad range of information from vocational testing results, to available jobs in the community, to vocational retraining of the employee.
The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability. Typical job functions of a workers' compensation lawyer include: Gathering medical evidence and medical records.
Accidents can be pretty common at work—a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome as a result of years of typing are all common examples. A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, ...
It's more customary that they work on a contingency basis, collecting a percentage of any award received for a claimant, anywhere from 10% to 33%. Some state laws cap the percentage.
Workers' comp attorneys work in an office environment, often employed in a law firm or in a corporate legal department. Frequent travel to hearings, arbitrations, depositions, and job sites can be required.
Independent contractors are not covered under most workers' compensation laws.
A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages.
Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen, and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, ...
A lawyer will do the following to help you get started with your claim: 1 Collect details of the incident and document everything 2 Ensure you see a medical care provider 3 Notify the employer 4 Help you navigate the required Independent Medical Examination (IME) to eliminate the possibility of your employer disputing your claim. 5 Respond to the employer or workers’ compensation insurance adjuster with requests for more information 6 Ensure all actions take place in a timely manner
With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .
An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.
One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.
You don’t have a pre-existing condition which can complicate matters. Although one or more of these scenarios might describe your situation, you may want to contact an attorney for a free evaluation. They can offer legal advice to warn you of possible complications that would require their services.
However, there is one situation where they may be able to file a claim against a third party . This situation occurs when someone other than the employer is at fault for the injury which occurred at work. You will most often see this situation when multiple vendors or contractors are working on the same job site.
For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.
Sometimes people feel the need to embellish their symptoms or fabricate additional injuries in an effort to strengthen their claim. Unknowingly to you, doctors will generally perform several tests during your examination to determine if you are exaggerating your injuries. While this might be tempting, it can also be the end of your workers’ compensation case.
At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries.
A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.
This is the greatest mistake an injured worker can make. As stated above, it is extremely tempting to do things for one’s self, especially when living alone. However, it is the one time when you do venture down the driveway to get that heavy package out of the mailbox or carry in that bag of groceries when you are caught in the act by a zealous insurance adjuster who has sent out a private investigator for the sole purpose of discrediting the inju red worker.
They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer. This is not to say that all employers or their insurance companies, are out to intentionally deceive people.
Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.
When you disagree with your workers comp doctor’s decision to release you to return to work or from care, it is natural to want to get a second medical opinion or to change doctors in your workers comp case.
If you have any questions about workers compensation or are looking for a top-ranked work injury lawyer to help you win your case, call me for a free consultation: (804) 251-1620 or (757) 810-5614.
Generally, your employer or its workers comp insurer do not have to pay for a second opinion just because you disagree with the release to return to full or light duty. But there are exceptions to this rule. If you disagree with your doctor’s release, ask him or her to refer you to another doctor for a second opinion.
You don’t have to go through this alone. Call me today: (804) 251-1620 or (757) 810-5614. I’m here to protect your legal rights.
Both of these situations are problematic. First, if you have not recovered the full function of your injured body parts or have ongoing pain, numbness, or tingling or, in the case of a head injury, post-concussion syndrome and migraines, you may have trouble returning to work without restrictions. Second, if your doctor releases you ...
The law states that an injured employee is not able to return to their pre-injury employment until they are capable of performing all the tasks that were required or expected of them in their work at the time of the accident. It is not enough that you can perform 99% of your pre-injury job tasks.