The process of a worker’s compensation claim varies greatly from one case to another. For example, a claim that is disputed will be much more complicated and drawn-out than one that is not disputed. Additionally, the process can be different for businesses who are self-insured and those who are fully insured through an insurance carrier.
At Coriden & Coriden, LLC, we can help you through every step of a worker’s compensation claim. Even if there is no dispute, having an attorney on your side will maximize your chances of getting a result that meets your needs. Our legal team will make sure that your best interests are represented.
Basic Overview Of worker’s Compensation Process
While each case is different, the overall process typically has many of the same stages. Let’s take a look at what businesses and workers can expect to see.
- Injury – Every claim begins, technically, with the actual injury of the worker. When an employee is injured on the job, they are usually eligible for benefits to cover their damages relating to that injury.
- Filing A Claim – After an injury, the worker will file a notice of injury with their employer or supervisor. It is best for this to be done in the form of a written statement so that both sides will have documentation of the injury.
- Determining Payment -, the employer’s insurance company will often be the party responsible for determining how much is owed to that worker. An insurance company will look at a doctor’s diagnosis of the worker, that worker’s ability to do their job, the amount of time they will miss from work Disputing a Claim – If the worker is not satisfied with the amount offered to them by their employer, they can dispute this claim, often through the assistance of an attorney. It is at this point where a claim goes through negotiations to reach a settlement or eventually makes its way to Hearing. .
- Mediation – When appropriate, both sides of a worker’s compensation claim will attempt to reach a mutual agreement through the use of a third party, referred to as a mediator.
- Settlement – if both sides agree upon the terms set forth in negotiations, a settlement is reached. If the two sides don’t come to an agreement, then the claim may go to court.
- Going to Hearing – If attempts to reach an agreement are not successful, then it will be up to the parties of both sides to prove before a Hearing Member for the Indiana Worker’s Compensation Board whether the claimant is entitled to compensation and/or medical benefits by the employer. After a decision is made by the Hearing Member , the claim is typically resolved, barring any appeals or future legal action taken by either of the parties involved in the case.
Do You Need an Attorney Familiar with worker’s Compensation Claims?
The attorneys at Coriden & Coriden, LLC can help. We have decades of experience in handling the many different stages you might encounter in a worker’s compensation claim. Contact us today to learn more about what we can do for you.