When someone is injured while on the job, they usually turn to a workers’ compensation attorney for help with workers’ comp claims. Workers compensated attorneys do not typically take cases where the injury is purely personal, such as a car accident. The worker must have been working at the time of the accident, and it must be work-related for them to receive compensation.
The initial step in a workers’ comp case starts with an application that must be mailed or faxed to an insurance company called the “insurer.” A specific timeframe will need to be provided by the party claiming injury from their employer for this action. If they don’t file within this timeframe, they might forfeit any future benefits from the claim.
If there have been reportable workplace injuries or illnesses within the last 12 months, the employer must notify the insurer. If there have been no reportable injuries or illnesses by the employee within the previous 12 months, they will need to provide a non-reportable notice of injury form.
Getting with an Attorney for Your Workers’ Comp Case
If an attorney represents an injured party, they will deal directly with that person’s insurer. It might be possible for them to negotiate further into settling that claim without requiring court proceedings. This is typically not something the claimant will do on their own under most circumstances because it requires knowledge and expertise of worker’s comp laws and regulations throughout many states instead of simply one state like Florida. The majority of claims will end up in front of a judge, but some cases may also require arbitration or mediation services.
A significant factor in whether someone should try to settle a claim on their own or seek the assistance of a workers’ comp attorney is if any external insurance policies can be factored into other compensation opportunities for this injury. For example, if a person has a medical HMO policy, then paying for that might affect workers’ comp claims’ future benefits. It is wise to consult with both an attorney and an insurance adjuster before proceeding forward with any negotiations.
The length of time it will take for an injured party to receive worker’s comp benefits is not always predictable because they may need to provide more documentation or undergo tests after filing their initial application. An experienced lawyer will be able to provide insight as to how long a specific process might take for each case, but they should also let the claimant know that it can last anywhere from weeks to months.
The Steps an Attorney Will Take to Go Up Against Workers’ Comp
When an employee brings a claim against their employer, they do so under workers’ compensation. This means that the employer’s insurance company pays for all of the costs associated with any injuries that occur at work.
The first step that an attorney must take to go up against Workers’ Compensation is to file a Petition for Extraordinary Relief With Notice ( FORM CIV-Q). This form is filed with both the claims administrator and possibly even the court.
This form requires information on the injured party, such as a home address, email address, physical description of injury/injuries sustained, along with time and cause of the accident. It also requires detailed information about where this happened (i.e., job site), what was being done at the time, who else was there, a description of tools/equipment used in the field, along with how long it took for treatment to start.
The attorney will use this information to determine if the case is worth taking on or not. If injuries seem severe or treatment has taken a long time to receive, then an attorney may take this case on.
The next step in this process would be to file a Petitioner’s Request for Mandatory Settlement Conference ( FORM CIV-2). This form asks several questions about the claimant, including past workers’ compensation claims and their type of work when injured. It also asks whether or not any permanent restrictions have been placed on their activities and how much time off they have taken from work.
This form also asks detailed questions about the employer, such as what type of business it is and whether or not workers’ compensation has been accepted in the past without an attorney. This information is used to help determine if the case should go to trial or be settled out of court.
If a settlement is reached, then this case will not move forward any further. However, if no settlement is reached, the next step is filing what’s called “Ex Parte Application for Temporary Restraining Order/Preliminary Injunction” ( FORM CIV-Q).
This request states that the petitioner has filed forms and now seeks relief. This form asks if the petitioner has a sufficient case and information on whether or not there is evidence of negligence.
Along with this form, the following documents are provided:
- Plaintiff’s Petition for Mandatory Settlement Conference.
- Notice of Submission of Application for Temporary Restraining Order/Preliminary Injunction.
- Memorandum in Support of Plaintiff’s Application for Temporary Restraining Order/Preliminary Injunction.
- Defendant’s Response to Request for Temporary Restraining Order/Preliminary Injunction.
When The Trial Begins
The following steps will continue based on what happens after filing said forms, including going up against Workers’ Comp insurance at trial. A good attorney will work for compensation, and the attorney and the medical bills are usually the first to get paid. Last is the pain and suffering and the damages that are compensated.
