The workers’ compensation system aims to provide financial relief to those who suffer injuries at work, and almost every employer in the state is legally required to have workers’ compensation insurance. When you are hurt while working, you have various steps to complete before you can receive any workers’ compensation benefits. Unfortunately, not every claim is straightforward, and it is possible for many types of disputes to arise with any workers’ compensation case.
Hiring an experienced attorney is one of the most effective ways you can prepare yourself for the claim filing process. Not only can your attorney make this process much easier, but they can also assist you in resolving any unexpected complications that arise, including disputes against your claim. Should any disputes arise, you must prepare for a workers’ compensation status conference hearing.
Understanding Workers’ Compensation Disputes
It’s important to remember that workers’ compensation functions similarly to any other type of insurance coverage. However, the claimant must face more complexity than the usual insurance claim due to their employer’s involvement in the process. They also face the same risks as they would when confronting any other insurance carrier. Some injured workers, unfortunately, encounter resistance to their claims from both their employers and their insurance carriers.
When you suffer an injury at work, you must notify your employer immediately, and they are required to provide the materials you need to file your claim for benefits. As part of this process, you need an evaluation from a doctor your employer’s insurance carrier has approved. This physician will assign a disability rating to indicate the severity of your injury and the level of benefits you qualify to receive.
A workers’ compensation status conference hearing is a formal process for resolving any kind of dispute with a workers’ compensation claim. A few reasons these hearings may occur are:
- Securing necessary medical records so the insurance company can make a fully informed decision regarding the claimant’s benefits.
- Ensuring a claimant has attended all required medical appointments and fulfilled their reporting requirements to the insurance company.
- Settling a disputed workers’ compensation claim. A hearing may be called if a claimant disagrees with the insurance company’s determination of benefits or if the insurance company intends to deny the claim for any reason.
- Determining appropriate temporary disability compensation for the claimant. The typical injured worker who qualifies for temporary disability benefits should receive about two-thirds of their average weekly wage each week in benefits until they can go back to work.
These are just a few reasons why a hearing may come into play in your workers’ compensation claim filing process. It’s understandable to be frustrated and uncertain about this situation when you are already struggling with medical treatment for your injury and economic strain from the inability to work. The right workers’ compensation attorney is an invaluable asset in this situation, and you can rely on them to guide you through your hearing and resolve your dispute as efficiently as possible.
FAQs
Q: What Happens at a Workers’ Compensation Status Conference Hearing?
A: The purpose of a workers’ compensation status conference hearing is to resolve disputes regarding a workers’ compensation claim. Any party has the right to request this hearing, and it may come from an injured worker, their employer, or the employer’s insurance carrier. These hearings can serve many purposes, from settling a claim to revising a claimant’s disability benefit payment rate or obtaining any necessary medical records.
Q: How Long Does It Take a Judge to Approve a Workers’ Compensation Settlement?
A: Ideally, a workers’ compensation insurance carrier will assume responsibility for a claim right away and start processing a benefits determination within a few weeks of the claim’s filing. However, if a judge needs to rule on a workers’ compensation settlement, it may take longer. Most rulings will take around 30 days, but it is possible for all types of variables to influence the timeline of a workers’ compensation court case.
Q: What Is the Average California Workers’ Compensation Settlement?
A: Most injured workers can qualify for two forms of benefits. First, the insurance company pays for all medical treatment they need to fully recover. This includes future rehabilitative care for serious injuries. Second, they will receive disability benefits to make up the difference in their earning power after their injury. They may receive partial disability benefits if they can still work but cannot earn as much income, or they might receive total disability benefits if they cannot work at all due to their injury.
Q: What Is a Disability Rating in a Workers’ Compensation Case?
A: A medical evaluation will be a prerequisite for a workers’ compensation case. An approved physician will need to review the claimant’s injury and will assign a disability rating that reflects the severity of the injury and the scope of long-term complications they may face because of it. The disability rating has a significant impact on the total amount of benefits the claimant receives. If you do not agree with the doctor’s assessment, you can ask for a second opinion.
Q: How Much Will It Cost to Hire a Workers’ Compensation Attorney?
A: It’s understandable to worry about your legal fees when you are already facing the economic strain from a workplace injury. However, Pratt Law Corporation can take your case on contingency, so you have no need to worry about your legal expenses. With a contingency fee agreement, you only pay a percentage of your final case award to your attorney as their fee, and you only pay this fee if they win your case. There are no fees if your attorney cannot secure compensation for your claim for any reason.
Pratt Law Corporation has years of experience handling all types of workers’ compensation claims for clients, including contested claims that involve various hearings. No matter what your case may entail, you can trust our team to provide responsive and detail-oriented legal counsel through all phases of the claim filing and claim determination processes. Contact us today and set up a free meeting with our team to learn more about the legal services we can offer for your claim.