Workers Compensation Litigation

When a worker suffers an injury or develops an occupational health issue in the course of their job, they may seek workers' compensation benefits. This system was designed to protect both employees as well as employers.

However, this process can be a complex process and may require an attorney to pursue a claim via litigation. Here are a few of the most common issues that come up in this type of case.

Claim Petition

If your employer refuses to pay your claim under the workers' compensation system, you could be required to file an application for a Claim. This is a formal document that is filed with the Bureau of Workers' Compensation in your county or the area where you work.

This petition lays out specific information about your injury and the way it was caused. It also details your medical claims as well as wage loss.

After the Claim Petition is filed and accepted, your case will be assigned to a judge at the closest workers compensation court. The judge will then set a hearing. The hearing typically takes place within two weeks after the petition is filed.

The discovery phase is the next step in the Claim Petition procedure. In this phase, both you and your attorney will have the chance to meet with witnesses and collect evidence.

It's important to hire an experienced and knowledgeable workers' compensation lawyer in the event of pursuing the possibility of claiming benefits. An experienced lawyer will be able to ensure that you do not miss any crucial details in your application.

You can appeal the denial of your claim to the Workers' Compensation board within 30 days. You can appeal the decision to the New Jersey Appellate Division.

It can take several months to resolve a fully litigated workers' compensation case. This can have a significant impact on your life.

A well-respected and experienced workers compensation lawyer is able to manage this process effectively and efficiently. Philip Ciprietti has been in practice since 1982. He has the expertise and experience to achieve the results you want.

Mandatory Mediation

The parties in a workers compensation case (the employer or the injured worker) are required to participate in a mediation process prior to the case goes to trial. Parties can also participate in a non-binding mediation prior to the first hearing, but only after they have agreed to participate.

The mediator brings the injured worker, his lawyer, and the insurance agent of the employer or attorney. The mediator will review the main facts of the case, and gives each side the opportunity to argue their case.

The parties are encouraged to discuss all points of disagreement and to listen to the other's viewpoints. They are also asked to shift from their initial positions if they wish to reach an agreement.

Many workers compensation claims are resolved quickly, but others could take months or years to resolve, resulting in a number of administrative hearings between the parties. Mediation can help the parties to avoid expensive and time-consuming court proceedings.

Mandatory mediation is one method that some courts use to encourage the early resolution of disputes before costs of litigation become an issue. However, it also brings up ethical issues, such as confidentiality and good faith participation issues, and it could be difficult to enforce agreements.

Mandatory mediation can be an effective alternative to expensive, time-consuming court procedures, however, it is not a substitute for the voluntary process that has made mediation so successful for participants who are willing to participate. Mandatory mediation might not be in compliance with Article 6 of the European Convention on Human Rights or the right to a fair hearing. Final analysis of the objectives of the participants and the court system must guide any decision on mandatory mediation.

Appeal

If you're an injured worker and you were denied your right to workers ' compensation benefits you may request an appeal. This process is labor-intensive and challenging, so it is important that you seek the help of a skilled workers compensation lawyer.

The first step to appeal a denial is to submit the required form and supporting documents. Although the process to appeal a denial differs from one state to another but it is generally started following the receipt of the first notice of denial.

After you've filed an appeal, your case will be reviewed and re-examined by a Board panel of three law judges. The panel may uphold the decision, alter or reverse the original decision.

A full Board review is your final appeal at the administrative level. It must review the entire case to decide whether it will either affirm or keep the Judge's decision, modify or rescind that Judge’s decision, or return the case for further hearings.

If the Board panel does not agree with the Judge's decision, an appeal can be made within 30 days to the Appellate Division, Third Department, Supreme Court of New York. The Court of Appeals can then appeal the decision of the Appellate Division.

An experienced lawyer can help you prepare for appeals and present your case in the best possible manner. They can also provide you with the assistance and guidance needed to navigate the workers' compensation system. Aronova & Associates can help you fight for the benefits you deserve. Our New York work injury lawyers have the expertise and experience to obtain positive results for you.

Final Hearing

A worker's comp hearing is where a judge reviews your case and determines whether you're eligible. These hearings can range from several weeks to several years depending on the complexity and the extent of your case.

During the hearing, the claimant may be asked to provide medical evidence in support of their case, including doctor's notes and other documents. Your lawyer may also be able to hire a medical professional to give an oral deposition in front of the judge.

The judge will issue a decision. The applicant can appeal to the Workers' Comp Board or an appellate court. This process is assisted by your attorney, as well as other phases of the litigation timeline.

In some cases, a settlement agreement may be reached at this point. The most common settlement will be an agreement between you and the insurance company.

The settlement agreement will be reviewed by the judge, who will make sure that the terms are reasonable to you and fair considering your injuries. If you are in agreement with the settlement it will be deemed acceptable and your workers' compensation lawsuit timeframe will be completed.

If you aren't satisfied by the judge's decision you can appeal to the appellate level. A three-member panel will look over the evidence and then make the decision. The panel's decision can affirm, modify, or rescind a previous judge's ruling.

Witnesses and parties are typically interrogated during the hearing to determine if their testimony is credible. The process of cross-examination can be very difficult and your legal counsel can help you prepare for these trials to lessen stress during this phase of workers' compensation litigation.

Settlement

Workers compensation insurance is an authorized system to pay wages and medical bills for workers injured on the job. However, the procedure of filing claims can be lengthy and complicated.

Your employer and their insurer will work together to determine how much the liability is once you file a workers' compensation claim. Once they have established the amount they're responsible for, they will make a settlement offer to you.

Your lawyer for workers compensation can help you decide whether or not to accept the offer. This can be complicated because you have to consider the best settlement for your specific situation.

Settlements are typically offered in lump sums, or over a certain time. Depending on the state, you may need to agree not to pursue future benefits.

You can also opt to employ a professional to manage your settlement funds. They will create an account in a separate bank account, and ensure your money is compliant to CMS' guidelines.

Workers who are injured and settle their claims usually have to manage their own medical treatment after the settlement, such as scheduling appointments, transport and coordinating prescription pick-ups. This can be a challenge especially for those who have multiple prescriptions and medical providers.

If you are thinking of the possibility of settling your workers' compensation case call the attorneys at Walsh and Hacker today to learn more about the steps required in your specific case.

A settlement must include the cost of ongoing medical treatment you'll require throughout your lifetime. This is why it's crucial to choose the right type of settlement that covers the future cost of ongoing medical costs and benefits.